
Class JJ&1S. 



Book_. 



V ifr 



Copyright N°. 



COPYRIGHT DEPOSIT. 



c< >nstttuti< >ns 

Mil. 

UN1TKI) STATES 

STATE OF WISGi >NSES ; 

WITH QUESTIONS, 

ADAPTED TO THE US] 01 l 0MMON » H< * 



> \ M i II. FALLOWS, 
Suf', rmUmUnt oj Pmbtk / 



MADISON, \n 

ATW009 a t i i \ i k. BTAT1 I'Kimi i>. KM U U 
1871. 



F18 



Entered according to act of Congress, in the j-ear 1871, 

BY SAMUEL FALLOWS, 

in the office of the Librarian of Congress, at Washington. 



IVIIi'ilih llu.N. 



'I'm • i i»i 1 1<»\ of the < lonstitution "t the 

with tin ] 

\N \. T TO i.i \'i [RE i in: ■ 0N8TI1 
am. lid 
t\i QHT in Tin; i OMMOB 

(.1 Hi. I nil. 

ttUghl in :.ll the ">nn 

The Sup. Tinifiiili-iu <>r I'm*. 
ipy of the (.'nnxtitiitlnn i>| 
•titution "i iii. vi itc "i" w '-■ nii-iii, w iih i 

i book in the common - 
printed i>> the State Print* r, and naif bound in i 
(li^trict with not (■> exceed nix i 

booki thai] be dJ , • in tho mai. 

el i»y law for distributing and k< 

u tad after the Bi Meant 

for ■ teacher'! certificate shall 

and the Constitution of the v 
t ea che r 1 *! certlflcate shall retell ii to that req 

in other braachee. 

For the better understanding of the Constitation of the fJi 

States, especially «>u tin* part <>f teachers and pupils «<>t familiar 
with the history «>t" the country. ■ (ewintrodnototy B 
have been drawn up. M\ assistant, the Rev. ■'. R. P&ain 
fnrnished these Notes and lias aided me also in the preparation 
of the Questions on the Federal Constitution. 



4 Introduction. 

A few Introductory Notes have also been placed before the Con- 
stitution of the State, and some suggestions have been made to 
younger teachers who may be called upon to use the book. 

It is hoped the object of the law above quoted, which is of course 
to provide that our youth shall obtain such knowledge of the gen- 
eral and local governments under which they live as will make 
them intelligent citizens, may in some measure be subserved 
by this compilation. 

SAMUEL FALLOWS, 

Superintendent of Public Instruction. 



HISTORICAL NOTES. 



The < ' institution of the I failed S< 1 in 

v [twni framed by d m twelve of the 

u thin. •!■■ which 'I •' In- d t l«-nt 

pf tl nment of ( treat Bi itain, in 1* 76. A I 

reotion was called by the Continental < 1 1* * - 

purpose offraminj I itution, and all t 

deleg p1 Rhode [aland. 

The American < loloii planted aloi | 

lie coast under various climates from the 
to the sunny south. They wen 
lv hi . there being I tatch, ( Holland 

Swedes, and persons of other nationalities as • 
English among the innu 

differed widely in religious and political vie wa, and in 
the motives which prompted them I try. 

The Colonies were also originally orj 
ed in three different modes, known as M Chi 
prietary " and " Royal " or M Provincial M governm* 

These diversities, however, were adi the 

end, as giving rise to ■ d of ideas, exj 

and pursuits; and did n<»t prevent the rise and develop- 
ment of a common nationality. Common ds iard- 
ships and interests, suggested, at ■ very early period, 
the necessity of some bond of union, and of some i 
mon government. 

In L643, the four Colonies of Plymouth, Massachua 
New Haven and Connecticut, formed a League under the 



6 Historical Notes. 

title of the United Colonies of New England. This con- 
federation had its Congress of Delegates from each of 
these Colonies, and continued fort}?- years. 

In 1754, commissioners representing New Hampshire, 
Massachusetts, Rhode Island, Connecticut, New York and 
Maryland met at Albany, and resolved that a union of all 
the Colonies was necessary, and recommended a plan of 
Federal Government. 

In 1765, a Convention of Delegates representing nine 
of the Colonies met in New York, and drew up a docu- 
ment on the subject of taxation, known as a " Declara- 
tion of the Rights and Grievances of the Colonies." 
This may be regarded as the First Colonial Congress of 
signal importance. 

In 1774, the Second Colonial Congress assembled in 
Philadelphia, being composed of delegates from all the 
Colonies, except Georgia. This was the Great Congress 
of the Revolution. It assembled again in May, 1775, 
(Georgia being then represented), and after watching 
anxiously the progress of the Revolutionary struggle for 
more than a year, it assumed the responsibility of sever- 
ing the connection between the Thirteen Colonies and 
the Government of Great Britain, by the memorable 
Declaration of Independence, adopted on the 4th of July, 
1776. 

This step of course involved the adoption of some set- 
tled plan of general government for the Colonies in place 
of the one thus cast off, and deliberations upon this sub- 
ject were coeval with the Declaration of Independence. 
A committee appointed for the purpose reported a 
scheme of government for the " United States of Amer- 
ica " — which the Colonies had now become — known as 



II, 

,I H . k Article .i.-d.-.at im,." \< 

.,. : .t differenl 
in by the Continental I inber, 1 1 

The Articl< immediately sent to the 

States for their consideration and adoption, I >elaj i and 
objection tteof the 

, rnmenl proposed could not jo into op ration until 
the consent of all the S itained, tl I 

,,, D wt u ■•! i tablished till March, 1781, wheat 
sent ut Maryland, the last of thi 

insely however bad th I ion of th< - 

taken effect, when it- wrakn.ss an-] 

eminent began to be leen. When we remember thai 
the leading political sentiment of the i oloni< 
whole generation bad been i feel 
tense of resistance in regard t< 
thai! no! wonderthat they framed i General I 
for themselves of rery little f< 
devised in time of war, and mel manj 
hut was \n y poorly adapted to ;> time of p 

li uill assist us in understanding an 1 app the 

Constitution^ afterwards adopted, and the n 
adoption, if we note the limited and inopei 
oonferred by the Articles of I ration upon the 

Continental Congress as the depository and e* 
the functions of a General Government for th 
Congress could make treaties, but could not enforce their 
observance; it could appoint ambassadors, but could not 
provide for their .salaries or expenses; it oould borrow 
money, but was not empowered to pay it: it oould 
money, but could not impoH bullion for the purpose; it 
oould declare war. and determine how many troops were 



8 Historical Notes, 

necessary to carry it on, but could not raise troops. It 
could not legislate directly upon persons and could only 
recommend the States what action to take ; it could pun- 
ish no one for a breach or neglect of its own enactments ; 
it could levy no taxes and could collect no revenue. In 
short, it could merely recommend what should be done, 
but was entirely without power to enforce any law or 
recommendation; and it was soon found that it was vain 
to expect that thirteen different States would volunta- 
rily accede to mere recommendations, with any sufficient 
degree of readiness or unanimity. Efforts were made, 
without success, to procure an enlargement of the powers 
of Congress, and it soon became apparent that the Con- 
federation must dissolve from its own weakness, unless a 
more efficient government were substituted in its place. 

In 1785, Commissioners from Maryland and Virginia 
met to regulate the navigation of waters common to both 
States, and feeling the want of suitable power to act, 
recommended a Convention of a larger scope. In 1786, 
the Legislature of Virginia therefore proposed a general 
Convention of Commissioners from the States, to con- 
sider matters of general interest. Commissioners .were 
appointed, in five States, who met at Annapolis and 
drew up a report to be laid before the Continental Con- 
gress. In this report it was advised that a General Con- 
-vention of Delegates should meet and revise the Arti- 
cles of Confederation. 

In February, 1787, Congress acted upon the recom- 
mendation and called a Convention to meet in Phila- 
delphia in May following. All the States were repre- 
sented except Rhode Island. After long deliberation, 
attended with much difference of opinion, a Constitution 



fix ! ' 

adopted, and < Jon mended t" 1' 

before the several I ntioni to be beM 

thai purpoae, thai it might h red and rati' 

This u;i done; Convention! were held in ail tl 
bu1 Rhode Wand, and after warm 
ititution was ratified by all the S 
[aland and North < Carolina. 

\ it required the assent of only nine of the Si 
give effecl to the < !onatitutioi I 
informed of ita ratification by twelve of tb< : 
measures, in September, I put the 

Government into on. The first President and 

Vice Preaideni were chow a, and the fii 
under the I tanstitution bled in v ^ i the 

till of March, I 789, for the tra 

Although the Conatitution wai thus happily 
rod bad bee >me the fundamental law of the land, it 
not satisfactory t<>a large bod} of the people. Th< 
jealousy <>i' the powei 

men! continued, and it was loudly demanded 
Constitution should embi ! 't^- H< i 

mi the first session of Congress under the Constitul 
twelve different Amendments were proj 
whioh were ratified by three-fourths of th s 
became a pari of the Constitution from and after tl»<- 15th 
of December, 1791. Most of these Amendments were 
intended to allay the fears of the people thai the 1 1 
Governmenl mighl encroach upon their individual i ■'_ 
and liberties. 

The Eleventh Article of Amendment took effect in 
L798, the Twelfth in L804, the Thirteenth in 1865, the 
Fourteenth in L868, the Fifteenth and Uts1 in 18' 



10 Questions on Historical JYotes. 



QUESTIONS ON THE HISTORICAL NOTES. 

When was the Constitution of the United States adopted? By 
Avhom was it framed? What are delegates? Winch colony was 
not represented? 

What diversities in the American Colonies and their settlers? 
From what country did the settlers mostly come? Mention the 
different forms of Colonial Government. 

Were these diversities disadvantageous? Why not? What led 
the colonists to wish a common Government? 

What colonies united in 1643? What else can you say of this 
league? 

What took place in 1754? What was recommended? 

What Convention met in 1765, and where? For what purpose? 
What did they draw up? How may this Convention be regarded? 

What assembled in 1774? Where? Which Colony was not 
represented? What responsibility did they assume? When w r as 
the Declaration of Independence made? 

What became necessary after the Declaration of Independence? 
What Committee was appointed, and what did they report? 
When were the Articles of Confederation agreed to by the Conti- 
nental Congress? 

What was then done? How long before the consent of all the 
States was obtained? Why was consent so long delayed? 

What was soon seen? How did it happen that this form of 
Government was so weak? 

State the imperfect powers of the Continental Congress as to 
treaties and ambassadors. As to money. As to w r ar. As to legisla- 
tion and punishment. As to taxes and revenue. In general terms, 
-what power alone had Congress? What was soon found? What 
unsuccessful efforts were made? What then became apparent? 

What meeting was held in 1785? What did they recommend? 
What did the Legislature of Virginia propose? Where did -the 
Commissioners meet? What did they draw up and what did it 
advise? 

When was a convention called, and where, to frame a Con- 
stitution? Which State was not represented? In what month 
was the Constitution adopted? What was Congress recommended 
to do? Was this done? What exception? How many States 
finally ratified the Constitution? Which States did not? The 
ratification of how many States was necessary? What did Con- 
gress then do and when? Who were chosen? When did the 
First Congress assemble under the Constitution? Wliere? 

Did the Constitution give the people general satisfaction? Why 
not? What was demanded? What was done? How many amend- 
ments were adopted? When? What were these amendments 
chiefly intended for? 

When was the Eleventh amendment adopted? The Twelfth? 
The Thirteenth? The Fourteenth? The Fifteenth? 



CONSTITUTION OF THE UNITED STATES. 



TO TEACHERS. 

The utility of questions in a text-hook is doubted by many good 
teachers, but the law which provides for this compilation requires 
that questions shall be prepared. 

Those teachers who do not find the questions suited to the char- 
acter and wants of their schools, or who may not wish to use 
them., can of course increase, diminish or wholly omit them. Ad- 
vanced and intelligent classes, especially in review, can most prof- 
itably recite by the topical method. To those teachers who are 
not accustomed to this method, it may be briefly explained by 
an illustrative example: For instance, instead of asking several 
questions about the Preamble to the Constitution, the teacher may 
require the pupil to glee an analysis of the Preamble; and so of 
each section or part of a section. This will require study, thought 
and preparation on the part of both teacher and pupil, but it will 
be time usefully spent by both. 

That pupils may not recite what they do not understand, ques- 
tions are frequently introduced as to the meaning of legal and 
political terms, and for convenience, a glossary of such terms is 
appended to the book. A few questions, printed in italics, require 
for their answer information not contained in the book. 

Several text-books have been prepared on the Federal Constitu- 
tion. Among the most useful is Judge Stoky's " Exposition " of 
the Constitution, which is used in the State University, and espe- 
cially the admirable " Analysis " of the Constitution, by Calvin 
Townsend, Esq. 

It is not improper to remind teachers of the impropriety of col- 
oring their instructions with any partisan bias. The object of the 
law is not that pupils shall be taught certain political opinions, 
but that they shall know something of the ground-work of our 
Civil Government. 



CONSTITUTION OF THE I KITED STATES. 



Wi , the people of the I fnit< 

i more perfi cl anion, establish ju 

tranquillil \ . provide i""i 1 1 * « - common 

the general welfare, and n \ ure the bl< 

to ourselves and our posterity, do ordain snd establish 

tin- ( 'onstitution for the I United Sti 

\\li;it li i < kmstitution? \n 
l>i nj>lr <.t the I int.'- 1 StaU • orda in and • 
\\ li\ w :i- :i more perfect union n< • 
bv justice? bj don 

How was the Constitution t.. secure the i 
\\ li.it is m Sen.' When did the ( Solon • 

\i:i i. it. i. 

Si . ii..\ I. All legislative powers herein granted 
shall be vested in a Congress of the ' nited 
which shall «■« .n^ist <>t' g Senate an.i House <■!' Represent- 

;iti\< 

What are legislative powers! In what :w<- tin- 
powers vested? What is ■ Congress 1 VVhal 
House <>t Representatives! I- ■ s. aatoi 

Sk. now \\ The House of Representatives shall be 
composed of members ohosen every second year by the 
people of the several states, and the electors in each 
State shall have tlie qualifications requisite for ele 
of the most numerous branch «>f the state Legislature. 

No person shall be a Reprentative who shall not have 
attained the age o\ twenty-fn and been Beven 

years a citizen of the United States, and who shall not, 



14 Constitution of the United States. 

when elected, be an inhabitant of that State in which he 
shall be chosen. 

Representatives and direct taxes shall be apportioned 
among the several States which may be included within 
this Union, according* to their respective numbers, which 
shall be determined by adding to the whole number of 
free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three-fifths of 
all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Con- 
gress of the United States, and within every subsequent 
term of ten years, in such manner as they shall by law 
direct. The number of Representatives shall not exceed 
one for every thirty thousand, but each State shall have 
at least one Representative ; and until such enumeration 
shall be made, the State of New Hampshire shall be en- 
titled to choose three, Massachusetts eight, Rhode Island 
and Providence Plantations one, Connecticut five, New 
York six, New Jersey four, Pennsylvania eight, Dela- 
ware one, Maryland six, Virginia ten, North Carolina 
five, South Carolina five, and Georgia three. 

When vacancies happen in the representation from 
any State, the executive authority thereof shall issue 
writs of election to fill such vacancies. 

The House of Representatives shall choose their 
Speaker and other officers, and shall have the sole power 
of impeachment. 

How is the House of Representatives composed? How often are 
Representatives chosen, and by whom? What is meant by elect- 
ors? Who can be electors of Representatives? Which is the 
most numerous branch of a State Legislature? 

To what age must a Representative have attained? How long 
must he have been a citizen of the United States? Where must 
he be a resident? 



titution of thi United S/ • 18 

II. .u are li< on - ntativi • and d i 
the Sint. - Whal i- on anl ' 

\ in'? Who are meant by three fl 
Whal Indiam maj in co mt< d ! w hu d •■■ aa tin fit 
to be made? How often i 
/A. //- opU nth rv u ■< mlU I ' Foi lioi 

ivi> f. I"- clio i 
man} were RHni^ned to each <■! the tli 

llnw are to !»<• Riled? W 

of a Stat< What are writs ol eh d 

What doe ■ the House ot Henri ■ i ntat 
|)ciw< i has It .' W hat in Impeachment? 

m \ 3. The Senate of the I taited Stt i be 

composed of two S< natoi i by 

the Legit lature thereof, for si i 
t hall ha\ e "in- \ < >te. 

[mmediatcly after they shall be assembled 
quence of the first election, they shall be dii 
equally as may be into thi the 

Senators of the first class shall be vacated at the exp 
tic hi of "the second year; of the second class, at the expi- 
ration of the fourth year, and of the third I the 
expiration of the sixth year, so that one-third ma] 
ohosen everj aecond year; and if vacancies happen by 
resignation or otherwise, during th< 
lature of any State, the executive thereof nu 
temporary appointments until the next meeting of the 
Legislature, which shall then fill suofa vacant 

No person Bhall be a Senator, who shall not hi 
attained to the age of thirty years, and been nine y 
a oitizen of the United states, and who shall not, when 
elected, be an inhabitant of that State for which he shall 

be chosen. 

The Vice President of the United State- shall heT 
ident of the Senate, but shall have DO vote unless they 

be equally divided. 



16 . Constitution of the United States. 

The Senate shall choose their other officers, and also a 
President pro tempore in the absence of the Vice Presi- 
dent, or when he shall exercise the office of President of 
the United States. 

The Senate shall have the sole power to try all im- 
peachments. When sitting for that purpose, they shall 
be on oath or affirmation. When the President of the 
United States is tried, the Chief Justice shall preside; 
and no person shall be convicted without the concurrence 
of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification 
to hold and enjoy any office of honor, trust or profit un- 
der the United States ; but the party convicted shall nev- 
ertheless be liable and subject to indictment, trial, judg- 
ment and punishment, according to law. 

How is the Senate composed? How are Senators chosen, and 
for how long? How many votes has each Senator? 

How is the Senate divided? When do the seats of the three 
classes become vacant? What proportion of Senators, after the 
first election, were to be chosen every two years? In case of. a va- 
cancy during the recess of a Legislature, what is to be done? 
What is a recess of a Legislature? To what age must a person 
have attained to be a Senator? How long must he have been a 
citizen of the United States? Of what must he be an inhabitant? 

Who is President of the Senate? When does he have a vote? 

What do the Senate choose? When do they choose a President 
pro tempore? What is meant by pro tempore? 

What sole power have the Senate? What is it to try an im- 
peachment? What is to be on oath or affirmation? When 
the President" of the United States is tried, who presides? What 
is necessary in order that any person shall be convicted? What 
is concurrence? 

How far can the judgment of the Senate extend? What is a 
judgment? What else is a party convicted liable to? What is an 
indictment? 

Section 4. The times, places and manner of holding 
elections for Senators and Representatives shall be pre- 
scribed in each State by the Legislature thereof; but the 



Constitution of tfu UniU 1 ", 

( lonj I ime by law make or altei 

ulai 1 the placet of oh< 

The ( 'ongret 1 shall a isembl 
and such meeting shall be 00 the first Blond 
bar, unless they shall by law appoint ■ diffi 

\Y! bed by th< 

Whal ma; 1 do? W lial excepl 

Now often mi 
What ■• ■' ption? 

Si:« 1 1-.\ 5, Each I Louse Bhall l>e the 
eleci ions, ret urns, and qualification 
and a majority of each shall constitute a quorum 1 
business; bul a mailer number may adjourn froi 
d;i\ , and may be authorized to compel * 
hi members, in such manner and un 
sob I Imiim- may provide. 

may determine t 1 
punish iis members for disorderly behai 
concurrence of two-thi 1 s member. 

Each I Eouse shall keep a journal 1 
from time to time publish the 

as may, in their judgment, require and the 1 

and nays of the members <>f either 

Uon shall, at tin* uVsire of one-fifth of those ]" 
entered on the journal. 

Neither House, during the b< ball, 

without the consent of the other,* adjourn for more than 

three days, nor io any other place than that in which 
two Houses shall he Bitting. 

or what is eacb House the judge? Wnatoonstit 
to do business? What powers has 1 smaller muni'. 

\\ hat rules may each House determinef What 1 
House over its members? What is necessary t<> expel a men 

What journal must each House keep'.' What part of the j 



18 Constitution of the United States. 

mil must be published? When must the yeas and nays be en- 
tered on the journal? 

What is necessary before either House can adjourn for more 
than three days, or to any other place? 

S faction 6. The Senators and Representatives shall 
receive a compensation for their services, to be ascer- 
tained by law, and paid out of the Treasury of the 
United States. They shall in all cases except treason, 
felony and breach of the peace, be privileged from 
arrest during their attendance at the session of their 
respective Houses, and in going to and returning from the 
same ; and for any speech or debate in either House, they 
shall not be questioned in any other place. 

No Senator or Representative shall, during the time 
for which he was elected, be appointed to any civil office 
under the authority of the United States, which shall 
have been created, or the emoluments whereof shall 
have been increased during such time; and no person 
holding any office under the United States, shall be a 
member of either House during his continuance in office. 

What provision is made for the compensation of Members of 
Congress? What privileges have they and what exceptions 
thereto? For what shall they uot be questioned in any other 
place? What does this mean f 

To what offices may Members not be appointed? Can they be 
appointed after they cease to be Members t When can a person 
not be a Member of Congress. 

Section 7. All bills for raising revenue shall origi- 
nate in the House of Representatives; but the Senate 
may propose or concur with amendments as on other 
bills. 

Every bill which shall have passed the House of 
Representatives and the Senate, shall, before it becomes 
a law, be presented to the President of the United 
States ; if he approve, he shall sign it, but if not, he shall 



titution of th< I 

return it, with his objection! to thai li vrhicfa it 

shall have originated, who shall enter the obje 
large on their journal, and proceed to n I 

after such deration two-third* of that 1 1 • . t j — . - shall 

the bill, it shall be sent, I irith the 

objections, to the other House, by which it shall liK< 
be reconsidered, and if approved by two- third 
I [ouse, it shall become ;i law. Bui in all cases the \ 
df both 1 louses shall i„. determined 1>\ 
ami the names of the linsi the 

bill shall be entered <>n the journal of each 1 1 

tively. [f any l»ill shall not be returned by th<- 

ident within ten 
shall h;i\ e been pi esented \< i him, 
law, in 1 i K « - manner ai if he bad the 

Congress, by their adjournment, prevent i, in 

which case it shall llOl I"' B law. 

Evt olution, or vote to which tin 

rence of the S 

be necessarj (except on ;i haU 

be presented t<> the Pi I 1 

before the s-.uuc shall take i by him, 

or being disapproved by him, Bhall be re-passed by I 
thirds of the Senate and I! 
according to the rules and limitations] 1 in the 

case of :i bill. 

Where must bills for 1 d 
What is !•« venue 1 What may the S 

What must be done l 
What is the President to do? If 1 bill 1 
dour/ When can it become 1 lawl How must the 
taken? What must be entered on the journal? When do 

bill scut to the Pr< sid< nt 1- come a law 

What exception to this? 



20 Constitution of the United States. 

What orders, resolutions and votes must, be submitted to the 
President? What exception? When can such orders, resolutions 
or votes take effect? If disapproved by the President, what then? 

Section 8. The Congress shall have power to lay 
and collect taxes, duties, imposts and excises, to pay the 
debts and provide for the common defense and general 
welfare of the United States; but all duties, imposts and 
excises shall be uniform throughout the United States; 

To borrow money on the credit of the United States ; 

To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes ; 

To establish an uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies throughout the 
United States; 

To coin money, regulate trie value thereof, and of for- 
eign coin, and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the 
securities and current coin of the United States ; 

To establish post offices and post roads ; 

To promote the progress of science and useful arts, by 
securing for limited times to authors and inventors the 
exclusive right to their respective writings and discov- 
eries ; 

To constitute tribunals inferior to the Supreme Court ; 

To define and punish piracies and felonies committed 
on the high, seas, and offenses against the law of nations ; 

To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water ; 

To raise and support armies, but misappropriation of 
money to that use shall be for a longer term than two years ; 

To provide and maintain a navy; 

To make rules for the government and regulation of 
the land and naval forces ; 



of tfu Uhiibd x 21 

To provide for calling forth the militia I ite the 

laws of the Union, suppr< <1 repel inva* 

■ioi 

To provide for organizing, arming, and disciplining the 
militia, and for govei oing inch pai I 1 4 tl 
employed in the 

to the Sta actively, the appointment of th< 

and the authority of training the militia aooordii 
dicipline prei i i ibed I 

To exclusive legislation in all cases whai 

. over swli district | q< 
as may, by cession of particular Si 1 the ac 

ance of ( longresa, bee me the i : the 

United States, and ex< ithority over all places 

purchased by the consent of the l< 
in which the 

azines, arsenals, d< I other needful build- 

ings; — and 

To make all laws which shall 
for carrying into execution the 1 all 

otherpov tedbythi ( tution in the (rovern- 

m.Mit of the United States, or any department or officer 
thereof. 

What power is given to Congress In the first pai 
tion 8? What is meant by Levying taxes.' What arv -i 
ports? excises? What is meant 

■ it is meant by ban 
States? What Deregulating commerce? What 
regard to naturalization and bankruptcies? What 
naturalization? By bankruptcy? Why should : 
What may Congress do in regard to money and for 
regard to weights and measures? What puniehmi pro- 

vide for? What are securities and current coin? What 
gross establish? Whai may it promote? How may it pn 
them? What are these exclusive rights of authors called 
inventors? What tribunals may it establish*? What are tribui 
What may Congress define and punish? What is meant bi 



22 Constitution of the United States. 

high seas? by the law of nations? What may Congress declare? 
What may it grant and what may it make? What are letters of 
marque and reprisals? What are captures? What is the power of 
Congress as to armies? As to the navy? What rules may it make? 
When may Congress provide for calling forth the militia? What 
is the militia? What else may Congress provide; for? What is 
reserved to the States? Over what district may Congress •exercise 
exclusive legislation? What district was ceded to Congress? Over 
what other places may Congress exercise authority? What are 
forts? magazines? arsenals? dockyards? What laws may Congress 
make ? 

Section 9. The migration or importation of such, 
persons as any of the States now existing shall think 
proper to admit, shall not be prohibited by the Congress 
prior to the year one thousand eight hundred and eight, 
but a tax or duty may be imposed upon such importa- 
tion, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not 
be suspended, unless when in cases of rebellion or in- 
vasion the public safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless 
in proportion to the census or enumeration hereinbefore 
directed to be taken. 

No tax or duty shall be laid on articles exported from 
any State. 

No preference shall be given by any regulation of com- 
merce or revenue to the ports of one State over those of 
another; nor shall vessels bound to, or from one State, 
be obliged to enter, clear, or pay duties in another. 

No money shall be drawn from the Treasury but in 
consequence of appropriations made by law ; and a regu- 
lar statement and account of the receipts and expendi- 
tures of all public moneys shall be published from time 
to time. 

No title of nobility shall be granted by the United 



Can HiuHon of th. ( 

A do person holding in office 
under* them, shall, without the 

,i of :u.v present, emolument, off 
kind what om any I 

, mujratioi 

\\ bal ahall n< 

Whal ■ 
tin- l 

forbidden to b 
bility? VVba1 
without 

CTIOM 1 1 

lianoe or coni 

,1 ; coin money r emit bills 
Liu gold and silver coin a tend* i 

any bill 
pairing the obligation of 
nobility. 

No State shall, without the 
lay any imposts or duties on imp 
whal may 1><- absolutely 

speetion laws; and the oet produce of all d I im- 

posts laid by any State on ii U be 

for the use of the Treasury of the Unite 
all such laws shall be subject t<> th- 
of the Congrt 

No State shall, without the 

any duty iy{ tonnage, keep troops or ships of war in I 

of peace, enter into any agreement or compact witl 



24 Constitution of the United States. 

other State, or with a foreign pcwer, or engage in war, 
unless actually invaded, or in such imminent danger as 
will not admit of delay. 

What may no State enter into? What is meant by this? What 
else are individual States forbidden to do? What is meant by ten- 
der? By impairing the obligations of contracts? What are the 
States forbidden to lay, and with what exception? To what are 
those laws subject? What is to be done with the net produce of 
duties and imposts laid by States? What else is a State forbid- 
den to do without consent of Congress? When may a State en- 
gage in war without consent of Congress? 

ARTICLE II. 

Section 1. The executive power shall be vested in a 
President of the United States of America. He shall 
hold his office during the term of four years, and togeth- 
er with the Vice President, chosen for the same term, be 
elected as follows : 

Each State shall appoint, in such manner as the legis- 
lature thereof may direct, a number of electors, equal to 
the whole number of Senators and Representatives to 
which the State may be entitled in the Congress ; but no 
Senator or Representative, or person holding an office of 
trust or profit under the United States shall be appoint- 
ed an elector. 

The electors shall meet in their respective States, and 
vote by ballot for two persons, of whom one at least 
shall not be an inhabitant of the same State with them- 
selves. And they shall make a list of all the persons 
voted for, and of the number of votes for each ; which 
list they shall sign and certify, and transmit, sealed, to 
the seat of government of the United States, directed to 
the President of the Senate. The President of the Sen- 
ate shall, in the presence of the Senate and House of 
Representatives, open all the certificates, and the votes 



f ',>,>. UtiUion of tht UhiU 

shall then be counted. The person having 1 th<- j 
Dumber of votes shall l><- th<- President, if such number 
be .'i majority of the whole number of electors apj 
and it there be more than one vrho have such ■ 
jority, and have an equal number of votes, then the 
i [ouse of !.'• shall immediately oh 

ballot one of them President; and if no person hs 
majority, then from the iiv<- highest on tin* lisi the 
House shall in like manner choose the President. 
in ohoosing the President, the vote shall 
States, the representation from each \ 

; ;i quorum for this purpose shall 
ber or members from two-thirds of the 
jority of all the States Bhall be 
every case, after tin" ohoice of the President, ti 
having the greate I number of ihall 

be the Vice President. But if there should n i 
or more who have equal votes, the Senate shall choose 
from them by ballot the Vice President. 

The Congress may determine the timeof cl Bingthe 

electors, and the day on which they shall L r i\«' their 
votes; which day Bhall be the sum-- throughout tin- Uni- 
ted States. 

No person, except i natural-born i 
the Dni ed States at the time of the adoption of this 
Constitution, shall be eligible to the ofl 'resident ; 

neither shall any person be eligible to that office, who 
shall not have attained to the age of thin v-fn 
and been fourteen years i resident within the United 
States. 

In case of the removal of the President from office, or 
of liis death, resignation, or inability to discharge the 



26 Constitution of the United States, 

powers and duties of the said office, the same shall de- 
volve on the Vice President, and the Congress may by 
law provide for the case of removal, death, resignation 
or inability both of the President and Vice President, 
declaring what officer shall then act as President, and 
such officer shall act accordingly, until the disability be 
removed, or a President shall be elected. 

The President shall, at stated times, receive for his 
services a compensation which shall neither be increased 
nor diminished during the period for which he shall have 
been elected, and he shall not receive within that period 
any other emolument from the United States, or any of 
them. 

Before he enter on the execution of his office, he shall 
take the following oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will, to the best 
of my ability preserve, protect, and defend the Constitution of the 
United States." 

What is meant by the executive power? In whom is it vested? 
How long is the President's term of office? How long that of the 
Vice President? What is a Vice President? 

How does each State appoint Electors of President and Vice 
President? What is the number of Electors in each State to be 
equal to? Who cannot be appointed an Elector? 

[The third clause or paragraph of Article II is considerably 
modified by the Twelfth Amendment of the Constitution. Conse- 
quently the .questions as to the details of the method of electing 
the President and Vice President are deferred, until that amend- 
ment is reached, in its place]. 

What may Congress determine as to choosing Electors? What 
is required as to the day on which they shall give their votes? 
Why? 

Who alone are eligible to the office of President? Does this 
apply also to the Vice President t Why? To what age must a per- 
son have attained to be President? How long must he have been 
a resident within the United States? 

When do the powers and duties of President devolve upon the 
Vice President? What may Congress provide for? How long 
does an acting President continue such? Has any such case ever 



\Uution of thi United Si 

if III llOW 111 

call< d 

\V!i;it provi ion 

• i ii .\ •.'. The I 'resident ■ ball bec< imm 
of tin- army and navy of ili«- ' the 

militia of the several 

ion, in writ ing, of the principa 
cent Lve departments, u]>< 

duties of t Ik 

anl repi 
I fnited State-, except ent. 

I !<• shall have power, by and \\\\\\ th< 
scut of the Senate, to 
of the Senators present ■ 
and bj and with the 

shall appoint am ther public i and 

judges of the Suj and all other offi- 

cers of tin* I Tinted States, \\ h 
herein otherwise provided for, and which shall 
lislicd by law ; but the I I the 

appointment of such inferior officci think 

proper, in the President alone, in the 
in the heads of depai troents. 

The President sliall have power t<» fill up all vacai 
thai may happen during the 
granting commissions which shall expire at tl 
their next session, 

01 whal is the President commander-in-chief? D 

When is he commander of the militia <«i the - 
States? What may he require of the principal ofE h ex- 



28 Constitution of the United States. 

ecutive department? Who are these principal officers? What 
may the President grant? What exception? 

How does the President make treaties? How many Senators 
must concur? What officers does he nominate? Whose advice 
and consent is necessary to their appointment? What exception? 
What may Congress do in regard to inferior, officers? 

What vacancies may the President fill? When do commissions 
for this purpose expire? 

Section" 3. He shall from time to time give to the 
Congress information of the state of the Union, and recom- 
mend to their consideration such measures as he shall 
judge necessary and expedient; he may on extraordinary 
occasions convene both Houses or either of them, and in 
case of disagreement between them, with respect to the 
time of adjournment, he may adjourn them to such time 
as he shall think proper; he shall receive Ambassadors 
and other public Ministers ; he shall take care that the 
laws be faithfully executed, and shall commission all of 
the officers of the United States. 

Of what must the President give Congress information from 
time to time? What must he recommend? When may he con- 
vene the houses of Congress? When may he adjourn them, and 
to what time? Whom is he to receive? What does this mean? 
What care is he to take in regard to the laws? Whom is he to 
commission? What does this meant. 

Section 4. The President, Vice President, and all 
civil officers of the United States, shall be remov- 
ed from office on impeachment for, and conviction of 
treason, bribery, or other high crimes and misdemeanors. 

When are the President, Vice President and other civil officers 
of the United States to be removed from office? Explain im- 
peachment. Conviction. Bribery. By whom can the President 
be impeached? 

ARTICLE III. 

Section 1. The judicial power of the United States 
shall be vested in one Supreme Court, and in such infe- 
rior courts as the Congress may from time to time ordain 



Bad establish. The judges, both of the Supreme and in- 
ferior oou : hold their offices during good 
and shall at stated times receive for their services ■ i 

ition which shall not be diminished during their 
oontinuance in office. 

\\'li:.t In jadicis] power? La what 
United States vested? How long do the judges of th< 
and Inferior courts of the United States hold ili<ii 
provision is made in regard to 1 1 i«-i r como* 

ii«)\ -.'. The judicial power shall e all 

, in law and equity, arising under this Constitul 
the laws of 1 1 1 « - United States, and treaties mad* 
which shah 1 be made, under their ant li«>rit\ : 
affecting amb . other public ministers, and i 

sul.s; to all cases of admiralty and maritime jurisdiction; 
to controversies to which the United shall be apart] 
controversies between two or m< 
State and citizens of another B bween citizen 

different States ; betwen citizens of the 
ing lands under grants of different and beta 

b State and the citizens thereof, and foi ■ i t i - 

sens or subjects. 

In all oases affecting amb as sa d ors, other public mil 

ters and consuls, and those in which a State shall 

party, the Supreme Court shall fa inal jurisdic- 

tion. In all i he other cases before mentioned, the Supi 
Court shall have appellate jurisdiction, both as to law 

and fact ; with such exceptions, and under such regula- 
tions as the Congress shall make. 

The trial o( all crimes, except in cases of impeach- 
ment, shall be by jury; and BUoh trial shall be held in 

the State where the said crimes shall have been com- 
mitted; hut when not committed within any State, the 



30 Constitution of the United States. 

trial shall be at such place or places as the Congress may 
by law have directed. 

To what cases does the judicial power extend? What is meant 
by equity? By treaties? By ambassadors, public ministers and 
consuls? By cases of admiralty and maritime jurisdiction? To 
what controversies does the judicial power extend? 

In what cases has the Supreme Court original jurisdiction? 
What is meant by this? In what cases has it appellate jurisdic- 
tion? With what exceptions and under what regulations? What 
does appellate jurisdiction mean? 

How are all crimes to be tried? What exception? Where 
must the trial be held? If the crime is not committed in the Uni- 
ted States, where must the trial be held? What do you under- 
stand by crimes/ 

Section 3. Treason against the United States shall 
consist only in levying war against them, or in adhering* 
to their enemies, giving them aid and comfort. No per- 
son shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on confession 
in open court. 

The Congress shall have power to declare the punish- 
ment of treason, but no attainder of treason shall work 
corruption of blood or forfeiture except during the life of 
the person attained. 

What is treason against the United States declared to consist 
in? What is meant by " adhering to their enemies and giving 
them aid comfort?" On what alone can a person be convicted of 
treason? 

What power has Congress as to the punishment of treason? 
What is meant by attainder of treason? What shall -attainder of 
treason network and with what exception? What is corruption 
of blood ? What is forfeiture ? 

AKTICLE IV. 

Section 1. Full faith and credit shall be given in 
each State to the public acts, records, and judicial pro- 
ceedings of every other State. And the Congress may 
by general laws prescribe the manner in which such acts, 



titution of '/" United Sta 81 

and proceeding shall be | Bed 

thereof. 

W'luit taith and credit shall be given bj each Bt 
y,,,i understand by tl<i?.' \\\ 
chilli I i [be this? 

Ei now ''. The citizens of each State shall be entit 
lo all privileges and immunities of citizens in tb< 

Sillies. 

A pei "ii Charged in any State w ith 1 1 
other crime, who shall flee from justice .1 in 

another State, shall on demand of th<- executive authority 
of tin* State from which be H<<L be delivered up. to 
removed to the State having jurisdiction of the crim 

i person held to sen ice or labor in 
tin- laws thereof, escaping into another, shall, in o 
quence of any lav< ulai i<»n therein, be «li 

from Buoh service or labor, bui shall h • <1 up on 

claim of tin- party to .whom su< 

due. 

What arc the citizens 
Btitution? Explain what this means. VV1 

When are persons fleeing from justice to ! 
what demand are they to be delivered . V\ I 
removed to? 

ll.nv is the clausi 
which refers to p< rsons " held i-« si 
Thirteenth Amendment of the Constitute 
this clause? Are persons held t<> lai ■< r iu 

way than as sla 

Se< ii«»n -. New States may be admitted by the C 
- into this Union; bul no new Stat.- Bhall be formed 
or erected within the jurisdiction of any oth< 
nor any Siaic be formed by the junction of two 

more Slates, or part of States, without the < < nseni of 

the legislatures of th< oncerned fthe 

Congi 



32 Constitution of the United States. 

The Congresss shall have power to dispose of and 
make all needful rule? and regulations respecting the 
territory or other property belonging to the United 
States; and nothing in this Constitution shall be so con- 
strued as to prejudice any claims of the United States, 
or of any particular State. 

How may new States be admitted into the Union? Can a new 
State be formed or erected within the jurisdiction of any other 
State? Can a new State be formed by the junction of two or more 
States or parts of States? Have any new States ever been formed 
out of the territory of other States? How many States were there 
at first? How many new States have been formed and admitted into 
the Union? Which was the first State to be admitted? How many 
States are there now ? 

What power has Congress in regard to the territory and other 
property belonging to the United States? What is meant by ter- 
ritory belonging to the United States? Mention other kinds of 
property that may belong to the United States. How is the Consti- 
tution forbidden to be construed, in this clause? 

Section 4. The United States shall guaranty to 
every State in this Union a republican form of govern- 
ment, and shall protect each of them against invasion, 
and on application of the Legislature, or of the Executive, 
(when the Legislature cannot be convened,) against 
domestic violence. 

What are the United States to guaranty to every State in the 
Union? Can any State adopt any other than a republican form of 
government? What is a republican form of government? From 
what shall the United States protect each State? 

ARTICLE V. 

The Congress, whenever two-thirds of both Houses shall 
deem it necessary, shall propose Amendments to this Con- 
stitution, or, on the application of the legislature of two- 
thirds of the several States, shall call a convention for 
proposing amendments, which in either case, shall be val- 
id to all intents and purposes, as part of this Constitu- 



Of tin I (A 

tion, when ratified by ili<- legislature! of th 

the several States, or by convention* in 

then be one <t the other mode i may 

be propospd by tli<- ( ./. thai no" an 

UMiit which may be made prior t<» the j 

eight hundred and eight, shall in • the 

fir. i and fourth clau ea in the ninth sect ion of tl 

ticle; and thai do State, withoul \\ 

prii »<l of its equal i uffrage in the - 

In w ha1 case shall < long] 
tion? When shall it call a convention foi I 
amendments it ed !»•■ valid 

What is the proviso re*] 
ninth section <>! the i 

Of wlint thai] be no Bti 

\i: i i« 1.1: \ i. 

All debts '"Ut racted and 
fore the adoption of thia < institution, ihall be 
igainsl the United States under this Constil i un- 

der the t 'onferal ion. 

Thia Constitution and the lawa of the I 
which shall be made in pursuance thereof, and all trei 
made, or which Bhall be made, under the authority of the 
United St a to. Bhall be the supreme law of the land; 
the judges in every State shall be bound thereby, any- 
thing in the ( Constitution or lawa of snj - 
trary notwithstanding. 

The Senators and Representatives before mentioned, 
ami the members of the several State legislature, and all 
executive and judioial officers, both of the Unit* 
and of the several States, shall be bound by oath or affir- 
mation, to support this Constitution ; but no religious 
lest shall ever be required as a qualification to any ofl 
or public trust under the United States. 
C. 



34 



Gcmstitution of the United State*. 






What shall be as valid against the United States under this 
Constitution as under the Conf'eration? 

What shall be the supreme 1 law of the land? 

By what shall the judges in every State be bound? 

Who shall be bound by oath or affirmation to support the Con- 
stitution of the United States? 

What is said regarding religious test as a qualification for office? • 

ARTICLE VII. 

The ratification of the conventions of nine States shall 
be sufficient for the establishment of this Constitution 
between the States so ratifying the same. 

Done in convention by the unanimous consent of the 
States present, the seventeenth day of September, in the 
year of our Lord one thousand seven hundred and eighty- 
seven, and of the independence of the United States of 
America the twelfth. In witness whereof we have here- 
unto subscribed our names. 

GEO. WASHINGTON, 
President and Deputy from Virginia. 



NEW HAMPSHIRE. 

JOHN LANGDON, 
NICHOLAS GILMAN. 

MASSACHUSETTS. 

NATHANIEL GORHAM, 
RUFUS KING. 

CONNECTICUT. 

WM. SAML JOHNSON, 
ROGER SHERMAN. 

NEW YORK. 

ALEXANDER HAMILTON. 

NEW JERSEY. 

WIL. LIVINGSTON, 
DAY IH BREARLEY, 
WM. PATERSON, 
JON A. DAYTON. 

PENNSYLVANIA. 

B. FRANKLIN, 
THOMAS MIFFLIN, 
ROBT. MORRIS, 
GEO. CLYMER, 
TIIOS. FITZSIMONS, 
JARED ENGERSOLL, 
JAMES WILSON, 
GOT V. MORRIS. 

Attest : 



DELAWARE. 

GEO. READ, 

GUNNING BEDFORD, Jun'r, 
JOHN DICKINSON, 
RICHARD BASSETT, 
JACO. BROOM. 

MARYLAND. 

JAMES M&IIENRY, 

DAN. OF ST. THOS. JENIFER, 

DANL. CARROLL. 

VIRGINIA. 

JOHN BLAIR, 
JAMES MADISON, Jr. 

NORTH CAROLINA. 

WM. BLOUNT. 

RICH!) DOBBS SPAIGHT, 

HU. WILLIAMSON. 

SOUTH CAROLINA.' 
J. RUTLEDOE, 

CHAS. COATESWORTH PINCKNEY, 
CHARLES PINCKNEY, 
PIERCE BUTLER. 
GEORGIA. 
WILLIAM FEW, 
ABR. BALDWIN. 

WILLIAM JACKSON, Secretary. 



The ratification of how many States shall be sufficient for the 
establishment of this Constitution? 

What is the final clause of the Constitution? 



lion <>/ [> 



MENDMEN1 
[The following amendment* irere pi 

LOD Of the I'm the I "ni bioh 

began and held at tit*- city □ the 1th 

of March, I ;>'.'. and were adopted by the requisite num- 

[The preamble and resolution follow I the 

original proposition of the amendments, and, as they 
have been Bupposed by a bigfa equity jud 
dell's reports, p. LOO,) t<> bare an important be 
the construction of those amendments, thei 
sorted. They will be found in the journals of the 

Mil Of ill' 

: the I 'uitcl ^ 

city of New fork, on Wednesday, the tth oi 

nven t Iona of ■ numbei 
at the time of their adopt i onstituti< 

a desire, in order to prevent misconstruction or abua 
its powers, thai further declaratory and n 
clauses should l>r added: and as extending tl 
publiq confidence in the government, ^^ i 1 1 1 » 
beneficent ends of its institution, - 

/,'- eoivi <L By the Senate and House of Re] 
of the United States of America, ii 
two-thirds of both houses concurring, that the follov 
articles ho proposed to the Legislatures < 
States, as amendments to the constitution of the United 

Slates, all or anv ot' which articles, when ratified by 

three-fourths of said Legislatures, to he valid to all in- 
tents and purposes as pari of said Constitution, namely:] 



36 Constitution of the United States. 

When were the following twelve amendments proposed? 
What desire was expressed by a Convention of a number of the 
States? 
What resolution was adopted? 

ARTICLE I. 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; 
or abridging the freedom of speech, or of the press; or 
the right of the people peaceably to assemble, and to 
petition the government for a redress of grievances. 

What is Congress prohibited from doing respecting an estab- 
lishment of religion? What respecting freedom of« speech or of 
the press? What respecting the right of the people to assemble 
and petition the government ? 

ARTICLE II. 

A well regulated militia, being necessary to the 
security of a free State, the right of the people to keep 
and bear arms shall not be infringed. 

What is necessary to the security of a free State ? What right 
shall not be infringed ? 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any 
house, without the consent of the owner, nor in time of 
war, but in a manner to be prescribed by law. 

What is the law respecting the quartering of soldiers in any 
house in time of peace ? What in time of war ? 

ARTICLE IV. 

The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches 
and seizures, shall not be violated, and no warrants shall 
issue, but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be 
searched, and the persons and things to be seized. 



Constitution of the United States. 37 

What right of the people shall not be violated? When only 
shall warrants issue ? How supported ? What shall be described ? 

ARTICLE V. 

No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or 
indictment of a grand jury, except in cases arising in 
the land or naval forces, or in the militia, when in actual 
service in time of war or public danger ; nor shall any 
person be subject for the same offense to be twice put in 
jeopardy of life or limb ; nor shall be compelled in any 
criminal case to be a witness against himself, nor be 
deprived of life, liberty, or property, without due process 
of law; nor shall private property be taken -for public 
use, without just compensation. 

For what shall no person be held to answer ? Except in what 
cases ? How often shall any person be put in jeopardy of life or 
limb ? In what shall he not be compelled to be a witness against 
himself? Of what shall he not be deprived ? What is the law 
respecting the taking of private property ? 

ARTICLE VI. 

In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury 
of the State and district wherein the crime shall have 
been committed, which district shall have been pre- 
viously ascertained by law, and to be informed of the 
nature and cause of the accusation ; to be be confronted 
with the witnesses against him ; to have compulsory pro • 
cess for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defense. 

What right shall the accused enjoy in all criminal prosecutions ? 
By whom shall he be tried? Why should the trial be speedy and 
pul-Uc? Of what shall he be informed? With whom shall he be 
confronted? What process shall behave? What shall he have 
for defense? 



38 Constitution of the United States. 

ARTICLE VII. 

In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by 
jury shall be preserved, and no fact tried by a jury shall 
be otherwise re-examined in any court of the United 
Slates, than according to the rules of the common law. 

When shall the right of trial by jury be preserved? What is 
common law? What is the law respecting the re-examination of 
a fact tried by a jury? 

ARTICLE VIII. 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted. 

What shall not be required? Nor imposed? Nor inflicted? 
What is bail ? 

ARTICLE IX. 

The enumeration in the Constitution, of certain rights 
shall not be construed to deny or disparage others re- 
tained by the people. 

What is the law respecting the enumeration of certain rights ? 
What do you understand by this Ariicle? 

ARTICLE X. 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the Stages, are 
reserved to the States respectively, or to the people. 

What are reserved to the States respectively or to the people ? 
What is the meaning of the Article? 

ARTICTE XI. 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced 
or prosecuted against one of the United States by citizens 



titutU 



of i In United >'■•■■ 






of another State, or bycitizens 

Stair. 

Iii wli:it two casea ihall oot the judicial power «.f tl 
. on b trued to i utend in 
article of the < :onBtituti< n do -l 
tliis amendment adop 



The electors shall an et in their n 
by ballot for President and V 
whom, at least, shall not be an inhabitant 
State' with themselves ; they shall name in the 
the person roted i"i as I'' i 

the person voted I hall 

make distinct lists of all p 

and of all pel 

number of vo\ ich ; which lists they shall 

certify, and transmit sealed to the 

the United States, directed to the P 

The President of the Senate shall, in tl 

Senate and House of Representatn i all the 

tifioates and the votes shall then be counted; th< 

having the greatest number of vol lent shall 

be the President, if such number be ■ majority of the 

whole number of electors appointed j and ifm have 

such majority, then from the persons having the highest 

numbers not exceeding three on the list 

for as President, the House of Representative shall 

choose immediately, by ballot, the President. But in 

ohoosing the President, the votes shall be taken by 

States, the representation from each State having one 

VOte; a quorum for this purpose shall i fa mem- 

ber or members from two-thirds of the States, and s ma- 



40 Constitution of the United States. 

jority of all the States shall be necessary to a choice. 
And if the House of representatives shall not choose a 
President whenever the right of choice shall devolve up- 
on them, before the fourth day of March, next following, 
the the Vice-President . shall act as President, as in the 
case of the death or other constitutional disability of the 
President. 

The person having the greatest number of votes as Vice- 
President, shall be the Vice-President, if such number 
be a majority of the whole number of electors appointed, 
and if no person have a majority, then from the two 
highest numbers on the list, the Senate shall choose the 
Vice-President;, a quorum for the purpose shall consist of 
two-thirds of the whole number of Senators, and a majori- 
ty of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office cf 
President shall be eligible to that of Vice-President of 
the United States. 

Where sliall the electors meet? In what manner shall they vote ? 
For what officers shall they vote? What is the law respecting the 
residence of one of the officers voted for and the electors? Whom 
shall the electors name in their ballots? What distinct lists 
shall they make? What shall the electors do with the lists? To 
whom shall they be directed? Who shall open the certificates? 
In whose presence? What shall then be done? Who shall be 
declared elected? If no person have a majority what shall be 
done? From whom shall the President be chosen? In what 
manner shall the election be held? How shall the vote be taken? 
How many votes shall the representation from each State have? 
Of what sliall a quorum consist? What shall be necessary to a 
choice? When shall the Vice President act as President? 

Who shall be declared elected Vice President? If no person 
have a majority., who shall choose the Vice President? From what 
list of persons shall the; choice be made? What shall be neces- 
sary to a choice? What shall constitute a ground of ineligibility 
to the office of Vice President? Which article and section of the 
Constitution is altered by this amendment? When was this 
amendment adopted? 



Constitution of the United States. 41 

ARTICLE XIII. 

Section 1. Neither slavery nor involuntar}^ servi- 
tude, except as a punishment for crime, whereof the 
party shall have been duly convicted, shall exist within 
the United States, or any place subject to their juris- 
diction. 

Where is slavery or involuntary servitude forbidden to exist? 
What is the exception? When was this amendment to the Con- 
stitution adopted? 

Section 2. Congress shall have power to enforce this 
article by appropriate legislation. 

What is the law respecting the power of Congress to enforce 
this article ? 

ARTICLE XIV. 

Section 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, 
are citizens of the United States and of the State where- 
in they reside. No State shall make or enforce any law 
which shall abridge the privileges or immunities of citi- 
zens of the United States, nor shall any State deprive 
any person of life, liberty or property without due pro- 
cess of law, nor deny to any person within its jurisdic- 
tion the equal protection of the laws. 

Who are citizens of the United States and of the State in which 
they reside? What is a State forbidden to do respecting citizens 
of the United States? Of what shall not a State deprive any per- 
son ? What shall it not deny ? 

Section 2. Representatives shall be apportioned 
among the several States according to their respective 
numbers, counting the whole number of persons in each 
State, excluding Indians not taxed. But when the right 
to vote at any election for the choice of electors for 
President and Vice President of the United States, Rep- 



42 Constitution of the United States. 

resentatives in Congress, the executive and judicial offi- 
cers of a State, or the members of the Legislature 
thereof, is denied to any of the male inhabitants of such 
Stale, being twenty-one years of age, and citizens of the 
United States, or in any way abridged, except for parti- 
cipation in rebellion or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion 
which the number of male citizens shall bear to the 
whole number of male citizens twenty-one years of age 
in such State. 

How shall Representatives be apportioned ? Who shall be 
counted to form the basis of representation ? Who shall be ex- 
cluded ? For what offices is it supposed the right to vote may be 
denied by a State to any of its male inhabitants ? What may 
these inhabitants be respecting age and citizenship? What is 
the exception stated in connection with the abridging the right 
to vote at any election ? If such right to vote is denied or abridged 
then how shall the basis of representation be reduced? Illustrate 
what is meant by this last clause ? 

Section 3. No person shall be a Senator or Repre- 
sentative in Congress, or elector of President or Vice 
President, or hold any office, civil or militar3 r , under the 
United States, or under any State, who, having pre- 
viously taken an oath as a member of Congress, or as an 
officer of the United States, or as a member of any State 
Legislature, or as an executive or judicial officer of any 
State, to support the Constitution of the United States, 
shall have engaged in insurrection or rebellion against 
the same, or given aid or comfort to the enemies thereof; 
but Congress may, by a vote of two-thirds of each House, 
remove such disability. 

Who is forbidden in this Section from holding certain offices ? 
For what offices are they ineligible? How may the disability be 
removed ? 

Section 4. The validity of the public debt of the 



I 'iii- ithorized by law, including 

red for payment of pei tnd bountl< 

luppre Bing the tioo or rebellion, shall not 

questioned. Bui oeitherthe I rnite I 

ihall assume or pay any debt or i 

aid of insurred Ion or rebellioD against the Unit 

sny claim for 1 7 i * - loss or emancipation 
1 mi t all sucli debl s, obligation 
illegal and void. 

What is forbidden to u 
I Fnited States nor any ol 
be held Illegal and • 

s \ .'». The < ' shall have p 

force, by appropriate legislation, the ; 

arti<]<\ 

\\ hat power shall 
amendment t<> the Constitution made? 

Si.« i ion I . The right of I h ' th<* CJn 

Stales to vote shall not be denie 1 by the 

United States or by any State on aot ounl 

or previous condition of servitude. 
What right shall not be denied <>r al 

what account'.' 

Section 2. The Congress shall have] 

this article by appropriate legislation. 

What power shall Congress havel When 
to the Constitution made? 



WISCONSIN 



TO TEACHERS. 

The knowledge of the geography and history of Wisconsin to 
be obtained from the ordinary school books is of course very mea- 
ger. A little book upon these subjects is to be desired, and it is 
hoped one may soon be prepared by some competent person. 

In the meantime, teachers who use this book in school can profit- 
ably embrace the opportunity of imparting some instruction upon 
these points, in a familiar colloquial way, in addition to the few 
facts presented in the following historical notes. This instruction 
may be given to the whole school, and will increase *he interest 
with which the advanced pupils will study the Constitution of the 
State. 

Text-books upon the geography and history of the United States 
are sufficiently plentiful; but the teacher may tell all the children 
in school something about the Government of their country, and 
this will both increase the interest of those who study the Consti- 
tution, and cause many a younger pupil, especially in the mixed 
country schools, to^listen with some intelligence to the recitations 
of the older pupils on the subject. 



ea 



HISTORICAL NOTES. 



Wisconsin derives its name from its principal 
termed by the Indians w i, meanii 

gathering of the waters." The " gathering 
was of tli<- tributary ibove P 

merly called I lover I 'orts 

In the year L639, < Ireen 1 1 
ed by Jean Nicolet, the I [uron rod 
preierfor the Canadian government. 

In L069, Father Claudius Allouez, founded ■ Roi 

Catholic Mission :it I )<•} 

In L673 Father Jai tarting from this 

ion station, pur8Ued his W :iv Up th< 

the Wisconsin, until he reached the grand n the 

Upper Mississippi. To him belongs 1 1 1 « - honor of be- 
ing the first white man to discover tins noble stream. 

About the year L 745 the first permanent settlement in 
Wisconsin was made by a French colony at Grei a B 
under the Leadership of Augustin <!«• Langlade. 

In 1:760 the country includii rosin wai 

Cental frotn the dominion of France, with Canada and its 
dependencies, to thai of Great Britain. 

In L796 it was transferred to the United Mates, having 
been governed in t he meantime by the laws of Canada. 

In 1818 the jurisdiction of the frontier settlements 

Wisconsin was transferred to the Territory of MieliL 

and the counties o( Brown and Crawford, embracing the 



48 Historical Notes. 

whole Territory of Wisconsin, were established and or- 
ganized. 

In 1835, Michigan having become a State, John S. 
Horner, Secretary and acting Governor, convened a ses - 
sion of the Legislature at Green Bay, from the Territory 
west of Lake Michigan. 

During this session of the Legislature, among the 
memorials to Congress was one asking for the organiza- 
tion of the Territory of Wisconsin, with the capital at 
Cassville, on the Mississippi river. 

On the 20th of April, 1836, Congress passed an act 
establishing the Territorial Government of Wisconsin. 

On the 4th of July in the same year, the Territory 
was fully organized. Henry Dodge was appointed its 
first Governor ; who by proclamation appointed the 25th 
day of October following, for the convening of the first 
Territorial Legislature, at Belmont, now in the county 
of La Fayette. 

On the 6th of November 1837, the Second Session of 
the Territorial Legislature was convened at Burlington, 
now in the State of Iowa. At this session the seat of 
government was located at Madison. 

On the 26th of November, 1838, the first session of 
the second Legislative Assembly was convened at Madi- 
son: the Territory having been divided by Congress on 
the 12th day of June preceding, and that part lying west 
of the Mississippi, established as a separate government 
under the name of Iowa. 

On the 5th of October, 1846, a convention assembled 
at Madison, ior the purpose of forming a State constitu- 
tion, a draft of which was completed on the 16th day of 
December following. This was submitted to the people, 



Questions on Historical Notes. 49 

and rejected at the election held on the first Tuesday in 
April, 1847. 

On the 16th day of December, 1847, a second conven- 
tion was held at Madison, and a form of constitution 
agreed to; which was adopted by the people at an elec- 
tion held in April, 1848. 

On the 29th day of May, 1848, Wisconsin was ad- 
mitted into the Union. 

QUESTIONS ON HISTORICAL NOTES. 

From what does Wisconsin derive its name? To what did the 
meaning of the Indian name refer? 

When and by whom is Green Bay supposed to have been vis- 
ited? Where is Green Bay? 

What was founded at Depere? When and by whom? Where 
is Depere? 

Who is said to have started from this place? Who was he? 
What route did he take ? What did he discover ? Trace this 
route on the map. What belongs to him? 

When was the first permanent settlement in Wisconsin made ? 
By what nationality ? Under whose leadership ? When was the 
dominion of the country, including Wisconsin, transferred ? To 
whom? With what? 

When was it" transferred to the United States? Under what 
laws had it previously been governed ? 

What change of jurisdiction took place in 1818? 

What counties were established and organized ? 

When did Michigan become a State ? What was convened at 
Green Bay? By whom? From what Territory? 

What memorial was presented to Congress? Where was the 
Capital asked to be located? 

What did Congress do in 1836? 

When was the Territory of Wisconsin fully organized ? How 
was it first governed? 

When and where was the first Territorial Legislature appointed 
to convene? 

When and where was the second Territorial Legislature con- 
vened? 

Where was the seat of Government located? 

When and where was the next Legislature convened? 

What had been done bv Congress respecting a division of Terri- 
tory? 

What name was given the separate Government? 

When and where did the first Constitutional Convention meet? 

D. 



50 Questions on Historical JVotes. 

What was done by the people with the Constitution framed by 
the Convention? 

When and where was the second Constitutional Convention 
held? What was the action of the people respecting the second 
Constitution? 

When was Wisconsin admitted into the Union? 



CONSTITUTION OE WISCONSIN. 



CONSTITUTION OF I III. STATE 01 WISCONSIN. 



.I1U.K. 



We, the people oi W 
for '»ui- freedom, in order V rm a 

more perfect government, insure 
and promote the genera] ^\ < - 1 1 ( 

Stitul ion. 

What devonl 
preamble? For w bat pui 
established? 

Declare 

Si . mis l. All men an- born eouallj free and u 

pendent, and have certain inherent rights: 

are life, liberty, and the purSUll of happiness. 1 

ilie>e rights, governments arc instituted an . de- 

riving their just powers lYoin th< 
erncd. 

What i> the declaration respecting all m 
rights? How nrr these rights Becared 
mente derive their just pov 

Se< nOM '.. There shall be neither slavery nor invol- 
untary servitude in this State, otherwise than foi the 
punishment for crime, whereof the party shall have | 

duly oonvicted. 
What is forbidden in this Sun."/ i; 



54 Constitution of the SCate of Wisconsin. 

Section" 3. Every person may freely speak, write, 
and publish his sentiments on all subjects, being respon- 
sible for the abuse of that right, and no laws shall be 
passed to restrain or abridge the liberty of speech or of 
the press. In all criminal prosecutions or indictments for 
libel, the truth may be given in evidence ; and if it shall 
appear to the jury that the matter charged as libelous be 
true, and was published with good motives and for justi- 
fiable ends, the party shall be acquitted ; and the jury 
shall have the right to determine the law and the fact. 

"What may every person freely do? For what is lie responsible? 
What laws are forbidden to be passed? In what may truth be 
given in evidence? When shall a jury acquit a party charged with 
libel? What right shall the jury have? 

Section 4. The right of the people peaceably to as- 
semble to consult for the common good, and to petition 
the government or any department thereof shall never be 
abridged. 

What right of the people shall never be abridged? 

Section 5. The right of trial by jury shall remain 

inviolate ; and shall extend to all cases at law, without 

regard to the amount in controversy; but a jury trial 

may be waived by the parties in all cases, in the manner 

prescribed by law. 

What right shall remain inviolate? To what shall it extend? 
What may be waived by the parties in all cases? 

Section 6. Excessive bail shall not be required, nor 
shall excessive fines be imposed, nor cruel and unusual 
punishment inflicted. 

What is forbidden to be required? to be imposed?— inflicted? 

Section 7. In all criminal prosecutions, the accused 
shall enjoy the right to be heard by himself and counsel; 



Constitution of the State of Wisconsin. 55 

to demand the nature and cause of the accusation against 
him; to meet the witnesses face to face; to have com- 
pulsory process to compel the attendance of witnesses in 
his behalf; and in prosecutions by indictment or infor- 
mation, to a speedy public trial by an impartial jury of 
the county or district wherein the offense shall have been 
committed ; which county or district shall have been pre- 
viously ascertained by law. 

What right as to a hearing shall the accused enjoy in all crim- 
inal prosecutions? What right respecting the nature and cause 
of the accusation against him? respecting witnesses? respecting 
trial by jury ?f 

Section 8. No person shall be held to answer for a 
criminal offense, unless on the presentment or indictment 
of a grand jury, except in cases of impeachment, or in 
cases cognizable by justices of the peace, or arising in 
the army or navy, or in the militia when in actual ser- 
vice in time of war or public danger ; and no person for 
the same offense shall be put twice in jeopardy of pun- 
ishment, nor shall be compelled in any criminal case to 
be a witness aga'.nst himself. All persons shall before 
conviction be bailable by sufficient sureties, except for 
capital offenses, when the proof is evident or the pre- 
sumption great; and the privilege of the writ of habeas 
corjous shall not be suspended, unless when, in cases of 
rebellion or invasion, the public safety may require. 

For what is a person forbidden to be put twice in jeopardy? 
What shall he not be compelled to be? What privilege shall all 
persons have before conviction? What exception? What is for- 
bidden to be suspended?' State the exception? 

Section 9. Every person is entitled to a certain rem- 
edy in the laws, for all injuries or wrongs he may re- 
ceive in his person, property or character; he ought to 



5G Constitution of the State of Wisconsin. 

obtain justice freely, and without being obliged to pur- 
chase it, completely and without denia 1 , promptly and 
without delay, conformably to the laws. 

To what is every person entitled? What ought lie to obtain? 

Section 10. Treason against the State shall consist 
only in levying war against the same, or in adhering to 
its enemies, giving them aid and comfort. No person 
shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in 
open court. 

In what shall treason consist? What shall be neceesary to con- 
vict a person of treason? 

Section 11. The right of the people to be secure in 
their persons, houses, papers and effects, against unrea- 
sonable searches and seizures, shall not be violated, and 
no warrant shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be 
seized. 

What rights of the people shall not be violated? What shall 
be necessary for a warrant to issue ? What shall be described? 

Section 12. No bill of attainder, ex post facto law, 
nor any law impairing the obligation of contracts, shall 
ever be passed; and no conviction shall work corruption 
of blood or forfeiture of estate. 

What is forbidden to be passed? What shall no conviction 
work? What is corruption of blood? 

Section 13. The property of no person shall be taken 

for public use without just compensation therefor. 

What is forbidden in this section? 

Section 14. All lands within the State are declared 



Constitution of the State of Wisconsin. 57 

to be allodial, and feudal tenures are prohibited. Leases 
and grants of agricultural land, for a longer term than 
fifteen years, in which rent or service of any kind shall 
be reserved, and all fines and like restraints upon aliena- 
tion, reserved in any grant 'of land hereafter made, are 
declared to be void. 

What are all lands within the State declared to be? What is 
meant by this? What are prohibited? What are feudal tenures? 
What are declared to be void? 

. Section 15. No distinction shall ever be made by 
law between resident aliens and citizens, in reference to 
the possession, enjoyment, or descent of property. 

What distinction is forbidden to be made? What is meant by 
an alien? What is descent of property? 

Section 16. No person shall be imprisoned for debt 
arising out of, or founded on a contract, expressed or 
implied. 

What is forbidden in this section? 

Section 17. The privilege of the debtor to enjoy the 
necessary comforts of life shall be recognized by whole- 
some laws, exempting a reasonable amount of property 
from seizure or sale for the payment of any debt or 
liability hereafter contracted. 

What shall be recognized by wholesome laws? What shall be 
exempted from seizure or sale? 

Section 18. The right of every man to worship Al- 
mighty God according to the dictates of his own con- 
science shall never be infringed, nor shall any man be 
compelled to attend, erect, or support any place of wor- 
ship, or*to maintain any ministry, against his consent. 
Nor shall any control of or interference with the rights 
of conscience be permitted, or any preference be given 



58 Constitution of the State of Wisconsin. 

by law to any religious establishments or mode of wor- 
ship. Nor shall any money be drawn from the treasury 
for the benefit of religious societies or religious or theo- 
logical seminaries. 

What right shall never be infringed? What shall no man be 
compelled to do? What shall not be permitted by law? What 
preference shall not be given? What prohibition is there respect- 
ing drawing money from the treasury. 

Section 19. No religious tests shall ever be required 
as a qualification for any office of public trust, under the 
State, and no person shall be rendered incompetent to 
give evidence in any court of law or equity, in conse- 
quence of his opinions on the subject of religion. 

What shall never be required? What is said respecting the re- 
ligious opinions of any person? 

Section 20. The military shall be in strict subordi- 
nation to the civil power. 

What is the relation of the military to the civil power? 

Section 21. Writs of error shall never be prohibited 
by law. 

What shall never be prohibited? What are writs of error? 

Section 22. The blessings of a free government can 
only be maintained by a firm adherence to justice, mo- 
deration, temperance, frugality and virtue, and by fre- 
quent recurrence to fundamental principles. 

How can the blessings of a free goverment be maintained? 

ARTICLE II. 

Boundaries. 
Section 1. It is hereby ordained and declared that 
the State of Wisconsin doth consent and accept of the 
boundaries prescribed in the act of Congress entitled " an 



Constitution of the State of Wisconsin. 59 

act to enable the people of Wisconsin Territory to form 
a Constitution and State Government, and for the admis- 
sion of such State into the Union;" approved August 
sixth, one thousand eight hundred and forty-six, to-wit :— 
beginning at the northeast corner of the State of Illinois, 
that is to say, at a point in the center of lake Michigan 
where the line of forty-two degrees and thirty minutes 
of north latitude crosses the same ; thence, running with 
the boundary of State Michigan, through lake Michigan, 
Green Bay, to the mouth of the Menomonee river; 
thence up the channel of the said river to the Brule 
river; thence up said last mentioned river to lake Brule; 
thence along the southern shore of lake Brule, in a di- 
rect line to the center of the channel between Middle 
and South Islands, in the Lake of the Desert ; thence in 
a direct line to the head waters of the Montreal river, as 
marked upon the survey made by Captain Cram; thence 
down the main channel of the Montreal river to the mid- 
dle of lake Superior; thence through the center of lake 
Superior to the mouth of the St. Louis river; thence up 
the main channel of said river to the first rapids in the 
same, above the Indian village, according to Nicollet's 
map; thence due south to the main branch of the river 
St. Croix; thence down the main channel of said river 
to the Mississippi; thence down the center of the main 
channel of that river to the northwest corner of the State 
of Illinois ; thence due east with the northern boundary 
of the State of Illinois, to the place of beginning, as 
established by " an act to enable the people of the Elinois 
Territory to form a Constitution and State Government, 
and for the admission of such State into the Union on an 
equal footing with the original States," approved April 



60 Constitution of the State of Wisconsin. 

18th, 1818. [* Provided, however, That the following 
alteration of the aforesaid boundary be, and hereby is, 
proposed to the Congress of the United States as the 
preference of the State of Wisconsin, and if the same 
shall be assented and agreed to by the Congress of the 
United States, then the same shall be and forever remain 
obligatory on the State of Wisconsin, viz: leaving the 
aforesaid boundary line at the foot of the rapids of the 
St. Louis river; thence, in a direct line bearing south- 
westerly, to the mouth of the Iskodewabo, or Rum river, 
where the same empties into the Mississippi river; thence 
down the main channel of the said Mississippi river, as 
prescribed in the aforesaid boundary] . 

What is ordained and declared by this section? When was 
the act mentioned, approved? Where does the boundary line 
begin? Give the boundaries of the State. 

Section 2. The propositions contained in the act of 
Congress are hereby accepted, ratified and confirmed, and 
shall remain irrevocable without the consent of the 
United States; and it is hereby ordained that this State 
shall never interfere with the primary disposition of the 
soil within the same, by the United States, nor with any 
regulations Congress may find necessary for securing the 
title in such soil to bona fide purchasers thereof; and no 
tax shall be imposed on land the property of the United 
States; and in no case shall non-resident proprietors be 
taxed higher than residents. Provided, That nothing in 
this Constitution, or in the act of Congress aforesaid, 
shall in any maimer prejudice or affect the right of the 
State of Wisconsin to five hundred thousand acres of 
land granted to said State, and to be hereafter selected 
and located, by and under the act of Congress, entitled 

>* Not assented to by Congress. • 



Constitution of the State of Wisconsin. 61 

" an act to appropriate the proceeds of sales of the pub- 
lic lands, and grant pre-emption rights," approved Sep- 
tember fourth, one thousand eight hundred and forty-one. 

What is declared respecting the propositions contained in the 
act of Congress? What is hereby ordained ? What is forbidden 
to be imposed? What is said respecting non-resident proprietors? 
What proviso follows? 

ARTICLE ITT. 

Suffrage. 

Section 1. Every male person, of the age of twenty- 
one years or upwards, belonging to either of the follow- 
ing classes, who shall have resided in the State for one 
year next preceding an}^ election, shall be deemed a qual- 
ified elector at such election : 

1. White citizens of tljp United States. 

2. White persons of foreign birth, who shall have de- 
clared their intention to become citizens, conformably to 
the laws of the United States on the subject of naturali- 
zation. 

3. Persons of Indian blood, who have once been de- 
clared by law of Congress to be citizens of the United 
States, any subsequent law of Congress to the contrary 
notwithstanding. 

4. Civilized persons of Indian descent, not members of 
any tribe. Provided, That the Legislature, may at any 
time, extend by law the right of suffrage to persons not 
herein enumerated ; but no such law shall be in force un- 
til the same shall have submitted to a vote of the people 
at a general election, and approved by a majority of all 
the votes cast at such election. 

What must be the sex and age of a qualified 'elector? What 
four classes of persons are enumerated to one of which such 
elector must belong? What right is given the Legislature in the 
proviso? When shall any law extending suffrage be in force? 



G2 Constitution, of the /State of Wisconsin. 

* 
Section 2. No person under guardianship, non com- 
pos mentis , or insane, shall be qualified to vote at any 
election; nor shall airy person convicted of treason or 
felony be qualified to vote at any election unless restored 
to civil rights. 

Who are disqualified from voting in the first part of this sec- 
tion? Who in the second, part? What does non compos mentis 
mean? 

Section 3. All votes shall be given by ballot, except 
for such township officers as may by law be directed or 
allowed to be otherwise chosen. 

How shall all votes be given? What exception? 

Section 4. No person shall be deemed to have lost 
his residence in this State by reason of his absence on 
business of the United States, or of this State. 

What is the law regarding loss of "residence? 

Section 5. No soldier, seaman, or marine, in the army 
or navy of the United States, shall be deemed a resident 
of this State in consequence of being stationed within 
the same. 

Who shall not he deemed a resident of Wisconsin? 

Section 6. Laws may be passed excluding from the 
right of suffrage all person? who have been or may be 
convicted of bribery or larceny, or of any infamous crime, 
and depriving every person who shall make, or become 
directly or indirectly interested in, any bet or wager de- 
pending.upon the result of any election, from the right 
to vote at such election. 

Who may be excluded from the right of suffrage? Who may 
be deprived of such right? 



Constitution of the State of Wisconsin. 63 

ARTICLE IV. 

Legislative. 

Section 1. The legislative power shall be vested in 
a Senate and Assembly. 
In what sliall the legislative power be vested? 

Section 2. The number of the members of the As- 
sembly shall never be less than fifty-four, nor more than 
one hundred. The Senate shall consist of a number not 
more than one-third, nor less than one-fourth, of the num- 
ber of the members of the Assembly. 

What is the number of the members of the Assembly? Of what 
number shall the Senate consist? 

Section 3. The Legislature shall provide by law for 
an enumeration of the inhabitants of the State, in the 
year one thousand eight hundred and fifty-five, and at 
the end of every ten years thereafter ; and at their first 
session after such enumeration, and also after each enu- 
meration made by the authority of the United States, 
the Legislature shall apportion and district anew the 
members of the Senate and Assembly, according to the 
number of inhabitants, excluding Indians not taxed, and 
soldiers and officers of the United States army and navy. 

What shall the Legislature provide by law? In what year? 
How often thereafter? When shall the Legislature apportion and 
district anew the members of the Senate and Assembly?. On what 
basis? 

Section 4. The members of the Assembly shall be 
chosen annually by single districts on the Tuesday suc- 
ceeding the first Monday of November, by the qualified 
electors of the several districts; such districts to be 
bounded by county, precinct, town or ward lines, .to con- 



04 Constitution of the State of Wisconsin. 

sist of contiguous territory, and be in as compact form 
as practicable. 

How shall the Members of the Assembly be chosen? When? 
by whom? How shall Assembly districts be bounded? To con- 
sist of what? Of what form? 

Section 5. The Senators shall be chosen by single 
districts of convenient contiguous territory, at the same 
time and in the same manner as members of the Assembly 
are required to be chosen, and no Assembly district shall 
be divided in the formation of a Senate district. The 
Senate districts shall be numbered in regular series, and 
the Senators chosen by the odd numbered districts shall 
go out of office at the expiration of the first year, and 
the Senators chosen by the even numbered districts shall 
go out of office at the expiration of the second year, and 
thereafter the Senators shall be chosen for the term of 
two years. 

How shall Senators be chosen? At what time and in what 
manner? What is tho law respecting the formation of a Senate 
district? How shall Senate districts be numbered? Who shall 
go out of office at the expiration of the first year? Who at the ex- 
piration of the second year? For what time shall Senators there- 
after be chosen? 

Section 6. No person shall be eligible to the Legis- 
lature who shall not have resided one year within the 
State, and be a qualified elector in the district which he 
may be chosen to represent. 

Who shall not be considered eligible to the Legislature? 

Section 7. Each House shall be the judge of the 
elections, returns, and qualifications of its own members, 
and a majority of each shall constitute a quorum to do 
business; but a smaller number may adjourn from day to 
day and may compel the attendance of absent members, 



Constitution of the State of Wisconsin. 65 

in such manner and under such penalties as each House 

may provide. 

Of what shall each House be the judge? What shall constitute 
a quorum? What may a smaller number do? What may they 
compel ? 

Section 8. Each House may determine the rules of 
its own proceedings, punish for contempt and disorderly 
behavior, and with the concurrence of two-thirds of all 
the members elected, expel a member ; but no member 
shall be expelled the second time for the same cause. 

What shall each House determine? — punish? When expel? 
What is the limit of expulsion? 

Section 9. Each House shall choose its own officers, 

and the Senate shall choose a temporary President, when 

the Lieutenant Governor shall not attend as President, 

or shall act as Governor. 

What shall each House choose? In what circumstances shall 
the Senate choose a temporary President? 

Section 10. Each House shall keep a journal of its 
proceedings, and publish the same, except such parts as 
require secrecy. The doors of each House shall be kept 
open except when the public welfare shall require secrecy. 
Neither House shall, without the consent of the other, 
adjourn for more than three days. 

What shall each House keep and publish? What exception? 
What shall be kept open? What exception? What shall neither 
House do? 

Section 11. The Legislature shall meet at the seat of 

Government, at such time as shall be provided by law, 

once in each year, and no oftener, unless convened by the 

Governor. 

Where and when shall the Legislature meet? How often? 
What exception? 

E. 



6$ Constitution of the State of Wisconsin. 

Section 12. No member of the Legislature shall, dur- 
ing the term for which he was elected, be appointed or 
elected to any civil office in the State which shall have 
been created, or the emoluments of which shall have 
been increased, during the term for which he was elected. 

To what office shall members not be appointed? 

Section 13. No person being a member of Congress, 
or holding any military or civil office under the United 
States, shall be eligible to a seat in the Legislature; and 
if any person shall, after his election as a member of the 
Legislature, be elected to Congress, or be appointed to 
any office, civil or military, under the government of the 
United States, his acceptance thereof shall vacate his seat. 

Who shall be ineligible to a seat in the Legislature? When 
shall a member vacate his seat? 

Section 14. The Governor shall issue writs of elect- 
ion to fill such vacancies as may occur in either House of 
the Legislature. 

What shall the Governor issue? For what purpose? 

Section 15. — Members of the Legislature shall, in all 
cases except treason, felony, and breach of the peace, be 
privileged from arrest ; nor s^dll they be subject to any 
civil process, during the session of the Legislature, nor 
for fifteen days next before the commencement and after 
the termination of each session. 

From what shall members of the Legislature be privileged? 
What exception? 'J'') what shall they not be subject? For what 
time? 

Section 16. No member of the Legislature shall be 
liable in any civil action or criminal prosecution what- 
ever, for words spoken in debate. 

For what shall no member of tin- Legislature be liable? 



( brutitution of 'I" N : 

i i imx i;. The style of the laws of the Stale si 
The people of the State of N\ 
in Senate and Assembly, do enact as i< -1!« -w-." and 
hull be enacted except by bill. 

w i,:it shall !»<• the style <>f the Lav 
Law !"• enacted? 

i ion L8. No private or local bill, which 
■ I by the Legislature, shall embrace more than i 
subject, and thai shall be i : in the title. 

Wl.Mt Bhal) ao i-ii 
lacd '. 

m , 1 1,.\ L9. Any bill n in eithej I 

of tli. iturej and s bill passed by one H< 

| M : amended by the other. 

Where maj ■ bill orlgini 
menl 

Si, riow 20. The yeas and nays of the members of 
either House, on an) question, Bhall, at the request 
one-sixth of those present, be entered on the journal. 

Whal shall be entered on the journal! 

, ri, .% 21. Each member of the Legislature shall 
receive for his services, «*» dollars and fifty 
each day's attendance during the session, and b 
for every mile he shall travel in going to and retun 
from Ihe place of the meeting of the Legislature on tin- 
most USUal route. 
[This section has been amended, see amendments Art IV.] 

i ;n>\ 22. The Legislature may confer u] 
Is of Supervisors of the several counties of the 
state, such powers, ofs local, legislative, and administra- 
tive character, as they shall from time to time pn - 



US Constitution of the State of Wisconsin. 

What may the Legislature confer upon the Boards of Super- 
visors of the several counties of the State? 

Section 23. The Legislature shall establish but one 
system of town and county government, which shall be 
as nearly uniform as practicable. 

What system of town and county government shall the Legisla" 
ture establish? 

Section 24. The Legislature shall never authorize 
any lottery, or grant any divorce. 

What is the Legislature forbidden to authorize or grant? 

Section 25. The Legislature shall provide by law 
that all stationery required for the use of the State, and 
all printing authorized and required by them to be done 
for their use, or for the State, shall be let by contract to 
the lowest bidder; but the Legislature may establish a 
maximum price. No member of the Legislature, or other 
State officer shall be interested, either directly or indi- 
rectly, in any such contract. 

What is the law respecting stationery and printing? What may 
the Legislature establish? What is forbidden to a member of the 
Legislature or other State officer? 

Section 26. The Legislature shall never grant any 
extra compensation to any public officer, agent, servant, 
or contra 3tor, after the services shall have been rendered 
or the contract entered into. Nor shall the compensation 
of any public officer be increased or diminished during 
his term of office. 

What is the Legislature forbidden to do respecting extra com- 
pensation? What is the law respecting the compensation of any 
public officer? 

Section 27. The Legislature shall direct by law in 



H 

i manner and in whaf con 
againsl the St 
What shall the L 

Si i i ioh B8. Members of the I 
cutive and judicia 
lay be by law exempted, shall, 1 upon 

the duties of thei 

:ni oath or affirmation to suppoii th I 
United States, and tin- Constitution of the 5 
in, and faithfully t<> di 
; i\c offices to the besl <>f their 

Winn ofl rr.|iiir<.| | 

affirmaUon! w I 
1 1 1 . % U 

>. The Legislature shall 
persons shall constitute the militia of I 
provide for organizing and disciplining the same, in - 
manner as shall be prescribed by law. 

What shall the I> gislatun detern • 
V<>v w li.it may it prw 

►. Jn .-ill elections i«> be made by tli 
lature, ili«* members thereof shall 
their votes shall be entered <>n the journal. 

What shall l><- the manner ol 
by the Legislature? Where shall tl 

ai: i i. LI v. 

/.' 

i noM 1. The executive power shall I in 

ivernor, who shall hold liis office for t v. A 

Lieutenant Governor shall be elected at the same time, 

ami for \hc same term. 



70 Constitution of the State of Wisconsin. 

In whom shall the executive power be vested? How long is the 
Governor's term of office. What is the law respecting the Lieu- 
tenant Governor? 

Section 2. No person, except a citizen of the United 
States and a qualified elector of the State, shall be eligi- 
ble to the office of Governor or Lieutenant Governor. 

Who shall be eligible to the office of Governor and Lieutenant 

Governor'. / 

Section 3. The Governor and Lieutenant Governor 
shall be elected by the qualified electors of the State, at 
the times and places of choosing Members of the Legis- 
lature. The persons respectively having the highest 
number of votes for Governor and Lieutenant Governor 
shall be elected. But in case two or more shall have an 
equal and the highest number of votes for Governor or 
Lieutenant Governor, the two Houses of the Legislature, 
at its' next annual session, shall forthwith, by joint bal- 
lot, choose one of the persons so having an equal and 
the highest number of votes for Governor or Lieuten- 
ant Governor. The returns of election for Governor and 
Lieutenant Governor shall be made in such manner as 
shall be provided by law. 

In what manner shall the Governor and Lieutenant Governor be 
elected? Who shall be declared elected? If there is no election 
what shall the two Houses of the Legislature do? What is said 
respecting the returns of election? 

Section 4. The Governor shall be Commander-in- 
Chief of the military and naval forces of the State. He 
shall have the power to convene the Legislature on ex- 
traordinary occasions; and in case of invasion, or danger 
from the prevalence of contagious disease at the seat of the 
Government, he may convene them at any other suitable 
place within the State. He shall communicate to the 



Constitution of the ' ' ". 1 

■ 
and recommend such matters to them for tl 
ation, as li«- may deem expedient. He shall transact all 
necessary bu 

civil and military. I [e shall • 

as mi olved upon by the I shall 

take care tliat the laws be faithful 

oi w hut shall the 1 1 
command in />< i %on ? W I 
oommunical 

\ 5 . The ( • 
continuance in office, an annual com] 
thousand t w<> hundred and fifty dol 
This section b 

>i;< i i i.n C. 

reprice es, • • >mmuta1 ions, and 
for all ofl 

upon Buch conditions and witb and lim- 

itations as be may think prop . .. illa- 

tions as may be provided by law relative to the 
of applying for pardons. I pon convict i, he 

si mil have the power to suspend the execution of the i 
tence until th< j islature, 

at its nexl meeting, * ben th< 1 either 

pardon, or commute the senten 
Hon of the sentence, or grant a further reprieve. Be 
shall annually communicate to the Legislatui 
case <A' reprieve, commutation or pardon b 
stating the name of the convict, the crime of which 
he was convicted, the sentence and its date, and 
the date of the commutation, pardon, or r< with 

his reasons for granting the same. 



72 Constitution of the State of Wisconsin. 

In the iirst part of this Section what power shall the Governor 
have? What exceptions? What power in conviction of treason ? 
What shall the Legislature do? What shall he annually commu- 
nicate to the Legislature? 

Section 7. In case of the impeachment of the Gov- 
ornor, or his removal from office, death, inability from 
mental or physical disease, resignation, or absence from 
the State, the powers and duties of the office shall de- 
volve upon the Lieutenant Governor, for the residue of 
the term, or until the Governor, absent or impeached, 
shall have returned, or the disability shall cease. But 
when the Governor shall, with the consent of the Legis- 
lature, be out of the State in time of war, at the head of 
the military force thereof, he shall continue Commander- 
in-Chief of the military force of the State. 

In what cases shall the duties of Governor devolve upon the 
Lieutenant Governor ? For what time? In what case shall the 
Governor when absent continue Commander-in-Chief of the mili- 
tary force of the State ? 

Section 8. The Lieutenant Governor shall be Presi- 
dent of the Senate, but shall have only a casting vote 
therein. If during a vacancy in the office of Governor, 
the Lieutenant Governor shall be impeached, displaced, 
resign, die, or from mental or physical disease become in- 
capable of performing the duties of his office, or be ab- 
sent from the State, the Secretary of State shall act as 
Governor until the vacancy shall be filled, or the disabil- 
ity shall cease. 

Who shall be President of the Senate ? What power shall he 
have in the Senate ? In what case shall the Secretary of State act 
as Governor ? For what time ? 

Section 9. The Lieutenant Governor shall receive 
double the per diem allowance of Members of the Senate, 
for every day's attendance as President of the Senate, 



Constitution of '/>> v 

and the same mil 
i be I ire. 

ThU section b 

cnoM LO. Every bill which shall ba\ I the 

I .egislat lire Bhall, before it I iw. be p 

to the < rovernoi . If be approve, be shall .it if 

not, be shall return it, with bis objei 

which it Bhall have originated, who Bhall ent< 

t ions :u large upon the journal and proceed to i 

If, alter such reconaiderai ion, two-thirds of the mem 

.■mi shall agree to pass th<- bill, it shall be 
gether with the object ions t<» the other rhich 

it .shall likewise b dered, and if approved bj I 

thirds of the members present, it Bhall I" law. 

But In all Midi cases, the \ boto II 1 be 

determined bj md the n 

hers \ oting for or against the bill, shall be entered on the 
journal of each Souse respectively. If any hill 
be returned by the Governor within three Sun- 

days excepted) after it shall have been presented i<> him, 
the same shall he a law, unless the Legialat I, by 

their adjournment, prevent its return; in whicl 
shall not he a law. 

Wbal is necessary before a bill eai 
the Governor do! It ■ bill be returned "! 

What shall the House do originating it v When shall >• 
law? How shall the votes 1»<- taken? A\"h< : 
the Governor become a law w ithoul his signal 

AIM !« i 1: VI. 

. Idministrati 

Section 1. There shall he chosen by the qualii 
electors ^i' the Si ate. at the times and plact - 



74 Constitution of the State of Wisconsin. 

the members of the Legislature, a Secretary of State, 
Treasurer, and Attorney "General, who shall severally 
hold their, offices for the term of two years. 

For the elect ion of what officers does this section make pro- 
vision? For what time shall they serve? 

Section 2. The Secretary of State shall keep a fair 
record of the official acts of the Legislature and Execu- 
tive Department of the State, and shall, when required, 
lay the same and all matters relative thereto before either 
branch of the Legislature. He shall be ex officio auditor, 
and shall perform such other duties as shall be assigned 
him by law. He shall recieve as a compensation for his 
services, yearly, such sum as shall be provided by law, 
and shall keep his office at the seat of government. 

What record shall the Secretary of State keep? What shall he 
be req aired to do? What duties shall he perform? What com- 
pensation shall he receive? 

Section 3. The powers, duties and compensation of 
the Treasurer and Attorney General shall be prescribed 

by law. 

What is said respecting the Treasurer and Attorney General? 

Section 4. Sheriffs, Coroners, Registers of Deeds, 
and District Attorneys shall be chosen by the electors of 
the respective counties, once in every two years, and as 
often as vacancies shall happen. Sheriffs shall hold no 
other office, and be ineligible for two jears next succeed- 
ing the termination of their offices. The}' may be re- 
quired by law to renew their security from time to time; 
and in default of giving such new security, their offices 
shall be deemed vacant. But the county shall never be 
made responsible for the acts of the Sheriff. The gov- 



I 

ernor may n 

the cha bim, 

and an opportunity of being heard in 1 

I w liat offli 

them ? \\'li:it penall 
county ii. vi I - tnai 

l< i i: \ n. 

Judiciary. 

i ri<»\ I . The couii for the 1 1 

shall be composed of the The I tou 

sentatives shall have the \ impeaching all i 

(.Hirers of i In- State, R i corrupt onduci in 

crimes and misdemeanoi - ; but all the □ 

bers elected shall concur in an impeachmi 

trial (A' an impeachment against tfa 

tenant ( \oy ernor -hail not 

No judicial officer shall exercise h he shall 

have been impeached, until bia acquittal. Before the 

trial of an impeachment, the members of the court shall 

take an oath or affirmation "truly and impartially to 

the impeachment, according to evidence; and i 

shall be convi< ted \\ ithout the ooncurrt 

of the members present. Judgmenl in ach- 

lneut shall nol extend further than t<> removal fn 

or removal from office and disqualification to li<.l«l any 

office of honor, profit or trust, under tl : but the 

party impeached shall be Liable to indictment, trial, and 

punishment according to law. 

Who Bhall l>e the court for the trial i Who 

shall have the power to impeach ami for ■uhat'.- When shaM the 
Lieutenant Governor not act as a member of the court? What shall 
be required before the trial of an impeachment? What 



76 Constitution of the State of Wisconsin. 

sary for a conviction? To what shall judgment in cases of im- 
peachment extend? To what shall the party impeached be liable? 

Section 2. The judicial power of this State, both as 
to matters of law and equity, shall be vested in a Su- 
preme Court, Circuit Courts, Courts of Probate and in 
Justices of the Peace. The Legislature may also vest 
such jurisdiction as shall be deemed necessary in muni- 
cipal courts, and shall have power to establish inferior 
courts in the several counties, with limited civil and 
criminal jurisdiction. Provided, That the jurisdiction 
which may be vested in municipal courts shall not ex- 
ceed, in their respective municipalities, that of circuit 
courts in their respective circuits, as prescribed in this 
Constitution; and that the Legislature shall provide as 
well for the election of judges of the municipal courts 
as of the judges of inferior courts, by the qualified elect- 
ors of the respective jurisdictions. The term of office 
of the judges of the said municipal and inferior courts 
shall not be longer than that of the judges of the circuit 
courts. 

In what shall the judicial power of the State be vested? In 
what other courts may the Legislature vest jurisdiction? What 
further power shall the Legislature have? What proviso follows? 

What shall be the term of office of the judges of municipal and 
inferior courts? 

Section 3. The Supreme Court, except in cases other- 
wise provided in this constitution, shall have appellate 
jurisdiction only, which shall be coextensive with the 
State; but in no case removed to the Supreme Court, 
shall a trial by jury be allowed. The Supreme Court 
shall have a general superintending control over all 
inferior courts ; it shall have power to issue writs "Of 
habeas corpus, mandamus, injunction, quo warranto, 



oertiorai i .- 1 ' i < 1 ol b< dial writ- .a: 

hear and determine th< 

What i th( 
pellati What , 

superintending | ill Uie Su] 

ther powi 

ctiom I. For the tei m ol 

until th<- Legislature shall otherwise 

• if the ei era! < lircuit ( !< ill be ju the 

Supreme < 'ourt, four of whom shall constitute a quorum, 

and tli<- concurrence of a majority of t h 

shall be j to a decision. The I -hall 

have power, it thej should think ii it and ncces- 

. t<» proi ide 1»\ law for the 

Supreme < ourl w ith the jui 

scribed in this < Constitution, 

Just ice and two \ 1 by the 

qualified electors of the St iieh time and in 

manner as t h< I iture may provid 

Supreme ( !ourt, when ill not be 

or discontinued by the Legislature; th<' ju 

Bhall be so classified thai bul one of them shall \ 

office at the same time, and their term of office shall be 

the same as provided for the ju the Circuit ('ourt. 

Ami whenever the Legislature may consider it n 

to establish a separate Supreme Court, they shall have 

the power to reduce the number of the t lireuil J 

four, and subdivide the Judicial Circuits, but no such 

subdivision or reduction shall take effect until after the 

expiration of the term of some one of the said ju 

until a vacancy occur by some other means. 

Who shall be judges of the Supreme <"<'urt ! How many con- 
stitute ■ quorum! What is necessary to i P What] 



78 Constitution of the /State of Wisconsin, 

shall the Legislature have? Have we a Supreme Court: What 
shall not be changed or discontinued by the Legislature ? How 
shall the judges be classified? What power shall the Legislature 
possess respecting the reduction of the number of Circuit Judges ? 
Under what conditions? 

Section 5. The State shall be divided into four judi- 
cial circuits, to be composed as follows : The First Circuit 
shall comprise the counties of Racine, Walworth, Rock, 
and Green. The Second Circuit, the counties of Mil- 
waukee, Waukesha, Jefferson, and Dane. The Third 
Circuit, the counties of Washington, Dodge, Columbia, 
Marquette, Sauk, and Portage. The Fourth Circuit, the 
counties of Brown, Manitowoc, Sheboygan, Fond du Lac, 
Winnebago, and Calumet. And the Fifth Circuit shall 
comprise the counties of Iowa, La Fayette, Grant, Craw- 
ford, and St. Croix; and the county of Richland shall be 
attached to Iowa, and the county of Chippewa to the 
county of Crawford, and the county of La Pointe to the 
county of St Croix, for judicial purposes, until otherwise 
provided by the Legislature. 

Section G. The Legislature may alter the limits, or 
increase the number of circuits, making them as compact 
and convenient as practicable, and bounding them by 
county lines, but no such alteration or increase shall have 
the effect to remove a judge from office. In case of an 
increase of circuits, the judge or judges shall be elected 
as provided in this Constitution, and receive a salary not 
less than that herein provided for the judges of the Cir- 
cuit Court. 

What may the Legislature alter or increase ? What effect shall 
no such alteration or increase have V What shall be done in case 
of an increase of circuits? What is said respecting the salary of 
judg* 

Sectiom \. For each circuit there shall be a judge 



ution of '/>■ ii 

en by the qualified electoi 
bu offia led in tfa ind until 

his si shall be ind qualified; and after he 

shall have been elected, be shall reside in the i ircuif 
which he was elected. < l 

bief -In-' Qofa 111:1111 r 

tin.- shall provide. And 1 1 1 * - Legislate 

Ion, provide by law, as well foi th< 

of ill-- < 

under iliis Constitution, in such a manner thai 

said judges shall go oui ol office in I ..■ in 

tbi« • me in four \. 

in si and thereafter the ju the 

office shall bold lli 

w I1.1i 1- the lav p 

w here shall I W 

named : y -(Tho < 'lii.i 
What is tli.' lav 

now 8. The 1 lircuil t k>urts shall bav< . ju- 

risdiction in all matters, civil and oriminal, within this 
State, not excepted in this Constitution, and doI hei 
iw prohibited by law, and appellate jurisdiction from all 
interior courts and tribunals, and a Bupen? trol 

over the same. They Bhall also bave il 
writs of habeas corpus, mandamus, injunction, quo war- 
ranto, certiorari, and all other writs q< 
into effect their orders, judgments, and decrees, and _ 

them a general control over in:. and juris 

tions. 

What is the jiiri8dietio 

shall \\w\ ha 

S 9. When a 1 shall happen in the 

Office of Judge of 



80 Constitution of the State of Wisconsin. 

vacancy shall be filled by an appointment of the Gov- 
ernor, which shall continue until a successor is elected 
and qualified; and when elected, such successor shall 
hold his office the residue of the unexpired term. There 
shall be no election for a judge or judges at any general 
election for State or county officers, nor within thirty 
days either before or after such election. 

How shall a vacancy in the office of Judge of the Supreme 
or Circuit Court be filled? What is the law respecting the election 
of a Judge ? 

Section 10. Each of the Judges of the Supreme and 
Circuit Courts shall receive a salary, payable quarterly, 
of not less than one thousand five hundred dollars annu- 
ally; they shall receive no fees of office, or other com- 
pensation than their salaries ; they shall hold no office of 
public trust, except a judicial office, during the term for 
which they are respectively elected, and all votes for 
either of them, for any office except a judicial office, 
given by the Legislature or the people, shall be void. 
No person shall be eligible to the office of Judge, who 
shall not at the time of his election, be a citizen of the 
United States, and have attained the age of twenty- 
five years, and be a qualified elector within the jurisdic- 
tion for which he may be chosen. 

(That portion of the section relating to the salary of Judges has 
been amended). 

What are Judges forbidden to hold? What is said respecting 
votes given for any office except a judicial office? Who shall be 
ineligible to the office of Judge? 

Section 11. The Supreme Court shall hold at least 
one term annually, at the seat of government of the 
State, at such time as shall be provided by law, and the 
Legislature may provide for holding other terms, and at 
other places, when they may deem it necessary. A Cir- 



of Wi m in. 81 

cuii I i, ill be beld at least t\\i<<- in i ; , in 

i County of thia lized for judicial pur- 

The ju'l be Circuit <'..urt d 

and shall <!<> mi when required \>y 
law. 

Wli.it shall tin- Supreme < lourl bo 

held '■ W ii.it may the Ju Iges of th< 

■ i i«.n L2. 'I'll, re shall ' 

■ .unity I pur- 

ilified eleotora thereof, who shall hold 
for two >val, at shall l>c 

proi ided by law. In case < t s . the Judge of the 

hi Court shall have the power to appoint a Clerk, un- 
til the vacancy shall have been filled by an election. 
( llerk thus elected or appointed shall give irity 

as the Legislature may require; and when - ihall 

hold his office for a full term. The Suj nii shall 

appoint its own rink, and the I I rcuit 

Court may be appointed Clerk of the Supreme Court. 

What la the law respecting the election <>f .» « Jlerk of the < Srcult 
Court? What sluill be itis term of oil 
who shall have power to appoint a Clerk 

lerk elected or appointed give? ll"\\ long shall he hoi 
office? Whal ihall the Supreme Court ap] Who may b 

pointed Clerk of the Suprem • Court? 

• iiuN L3. Any Judge of the Suprei mil 

Court maj be removed from office bj of both 

Houses of the 1 egi&lature, if two thirds of all the mem- 
bers elect to each House concur therein, but no rem 
shall be made by virtue of this section, unless the i 
complained of shall have be< n served with a copy of the 
oharg ist him as the ground of address, and shall 

have had an opportunity oi being heard in his defense. 
F. 



82 Constitution of the State of Wisconsin. 

On the question of removal, the ayes and noes shall be 
entered on the journals. 

How may a judge of the Supreme or Circuit Court be removed? 
What is address ? What privileges shall be allowed a judge before 
removal? How shall the vote on removal be taken? Where 
entered? 

Section 14. There shall be chosen in each county, by 
the qualified electors thereof, a Judge of Probate, who 
shall hold his office for two years, and until his successor 
shall be elected and qualified, and whose jurisdiction, 
powers and duties shall be prescribed by-law. Provided, 
hoicever, That the Legislature shall have power to abol- 
ish the office of Judge of Probate in any county, and to 
confer the probate powers upon such inferior courts as 
may be established in said county. 

How shall the Judge of Probate be chosen ? What shall be his 
term of office? What is a Judge of Probate? What proviso 
is made? 

Section 15. The electors of the several towns, at 
their annual town meetings, and the electors of cities and 
villages, at their charter elections, shall, in such manner 
as the Legislature may direct, elect justices of the peace, 
whose term of office shall be for two years, and until 
their successors in office shall be elected and qualified. 
In case of an election to fill a vacancy occurring before 
the expiration of a full term, the justice elected shall 
hold for the residue of the unexpired term. Their num- 
ber and classifications shall be, regulated by law. And 
the tenure of two years shall in no wise interfere with 
the classification in the first instance. The justices thus 
elected shall have such civil and criminal jurisdiction as 
shall be prescribed by law. 



( 'onstitution of i/,> Star 

How shall ju 
their term ol offlo 

fill ll v:ic;iii<\ f \\ li;il hull the I;. 

the tenure of two y< 
■hall jui : 

8» i i"N L6. The I ire shall \ the 

illation of tribune mciliation, defining their 

powers and «luii ii tribunj 

in and \'<>v any low nship, and shall 

judgment, t<> be obligatory on tl 

shall voluntarily submit tli< 

arbitration, and agree i<> abide the ji 

thereto in writ ing. 

\\ i 
tion? \n v. 

■hall they have 

i noN I '. . The stj le ol all w hall 

lie. " Tin- State of R 

(ions shall be can ied on in the :i<l by tl 

iiy «>t" the same; and .-ill indictments shall i 
against the peace and dignity o£ th< 

Wha1 Bhall i • 

Mow shall criminal pi 

what shall Indictments •■■■m-in 

Se< i [OK I B. The I .egislal ure shall im] 
.•ill civil suits commenced or pr< unicipal, 

inferior, or circuit courts, which shall constitute a fund 
to be applied toward the payment of the salary of the 
judges. 

What tax shall the Legislature Lmpos< i Wliat fund shall it 

constitute? 

Se< iion L9, The testimony in eases in equity shall 
bo taken in like manner as in cases al law; and the office 
of master in chancery is hereby prohibited. 



84 Constitution of the State of Wisconsin. 

How shall testimony in cases of equity be taken? What is 
meant by equity? What is prohibited? 

Section 20. Any suitor in any court in this State 
shall have the right to prosecute or defend his suit either 
in his own proper person or by an attorney or agent 
of his choice. 

What right shall a suitor in any court have? 

Section 21. The legislature shall provide by law for 
the speedy publication of all statute laws, and of such 
judicial decisions made within the State, as may be 
deemed expedient. And no general law shall be in force 
until published. 

What shall the Legislature provide for in this section? When 
shall general laws be in force. 

Section 22. The Legislature, at the first session af- 
ter the adoption of this Constitution, shall provide for 
the appointment of three commissioners, whose duty it 
shall be to enquire into, revise and simplify the rules of 
practice, pleadings, forms and proceedings, and arrange 
a system adapted to the courts of record of this State, 
and report the same to the Legislature, subject to their 
modification and adoption; and such commission shall 
terminate upon the rendering of the report, unless other- 
wise provided by law. 

For what shall the Legislature provide in this section? What 
shall be the duty of the commissioners? When shall the commis- 
sion terminate? 

Section 23. The Legislature may provide for the 
appointment of one or more persons in each organized 
county, and may vest in such persons such judicial pow- 
ers as shall be prescribed by law: provided, that said 



Constitution of tht a" R 

power shall ooi thai of a judge of the circuit 

court ai chaml 

r uh.-it i.,., 
ih the proi 

ai: i !• I I vni. 
/ ' 

• "mn i. The rul ition shall be uniform, 

taxes shall be levied upon suofe pn 
ture shall prescribe. 

wii.it shall be the ml. 
levied? 

i i ion "'. No money shall be i aid i 
except in pursuance of an appropi iation bj law. 
Wha1 is the la* ■ 

The en 
given or loaned in aid of an indivi.lt. 
corporation. 

AVl.Mt Lathe law respecting the giving or 

<>i the State? 

ctiom I. The State shall never contract any public 
debt, except in the i 1 manner herein ; 

What shall the State never oontract! w 

Se< rioa 5. The Legislature shall provide for an 
annual tax sufficient to defray the 
the State for each year: and whenever the « i] 
any year shall exceed the income, the Legislature shall 
provide for levying a lax for the ei ifficient, 

with other sources of income, to pay Ae iliu'. 
well as the estimated ezpei ich ensuing yi 



86 Constitution of the State of Wisconsin. 

For what tax Bhall the Legislature provide? In case the ex- 
penses of any year shall exceed the income for what shall the 
Legislature provide? 

Section G. For the purpose of defraying extraordi- 
nary expenditures, the State may contract public debts ; 
but such debts shall never in the aggregate exceed one 
hundred thousand dollars. Every such debt shall be 
authorized by law, for some purpose or purposes to be 
distinctly specified therein; and the vote of a majority 
of all the members elected to each house, to be taken by 
yeas and nays, shall be necessary to the passage of such 
law; and every such law shall provide for levying an 
annual tax sufficient to pay the annual interest of such 
debt, and the principal within five years from the pas- 
sage of such law, and shall specially appropriate the pro- 
ceeds of such taxes to the payment of such principal and 
interest; and such appropriation shall not be repealed, 
nor the taxes postponed or diminished, until the principal 
and interest of such debt shall have been wholly paid. 

For what purpose may the State contract public debts? What 
amount shall such debts not exceed ? How shall such debt be 
authorized? Hov< thall the vote authorizing it be taken? For 
what shall the law authorizing such tax provide ? What shall not 
be done until the principal and interest of such debt shall be 
wholly paid ? 

Section 7. The Legislature may also borrow money 
to repel invasion, suppress insurrection, or defend the 
State in time of war; but the money thus raised shall be 
applied exclusively to the object for which the loan was 
authorized, or to the repayment of the debt thereby cre- 
ated. 

For what other purposes may the Legislature borrow money? 
To what shall the money raised be exclusively appropriated? 

Section 8. On the passage in either house of the 



it inn Of (hi ' : 

pslature, of any law which imposes, continw 

new 

tinues, or renews an appropriation of public <>r trust 

money, or r< 

demand of ti tion ahall 

and nays, which shall be dulj rnal; 

and three-fifths.of all the meml 

thai] in :ill Midi cases be requii 

therein. 

i shall the \<>\. 
to taxi Bf w h< n ; all 
quired n> conatit am? 

Ip, certifi 

Stair del. I wlial. | 

debl l by the 

of this :ui iole. 

Whal ie forbidden to 

\ LO. 'I'hr Si . i.-l.t 

for works of interna] improvement, or : 
rymg on Buch works; but whenei 
other property shall b 

eially dedicated by the gran! i<> parti. f in- 

ternal improvement, the State may i an h partic- 

ular works, and shall devote then 
grants, and may pledge or appro] riate the i 
rived from such works in aid of tl pletion. 

Ill \vli:n 

What is Baid respect 
State? 



88 Constitution of the State of Wisconsin. 

ARTICLE IX. 

Eminent Domain and Property of the State. 

Section 1. The State shall have concurrent jurisdic- 
tion on all rivers and lakes bordering on this State, so 
far as such ruch rivers or lakes shall form a common 
boundary to the State, and any other State or Territory 
now or hereafter to be formed and bounded by the same. 
And the river Mississppi and the navigable waters lead- 
ing into the Mississippi and St. Lawrence, and the carry- 
ing places between the same, shall be common highways, 
and forever free, as well to the inhabitants of the State as 
to the citizens of the United States, without any tax, im- 
post, or duty therefor. 

On what shall the State have concurrent jurisdiction? What 
shall be common highways, and forever free? To whom? With- 
out what? What is eminent domain? 

Section 2. The title to all lands, and other property, 
which have accrued to the Territory of "Wisconsin, by 
grant, gift, purchase, forfeiture, escheat, or otherwise, 
shall vest in the State of "Wisconsin. 

What title shall vest in the State of Wisconsin? What is 
meaoing nf escheat. 

Section 3. The people of the State, in their right of 
sovereignty, are declared to possess the ultimate proper- 
ty in and to all lands within the jurisdiction of the State; 
and all lands, the title to which shall fail from a defect 
of heirs, shall revert or escheat to the people. 

What are the people of the State declared to possess? What 
shall revert to the people? 



i of the Stab 

I', I,,, uion. 

Section 1 . The supervision of p ibli I Loo 

shall be rested in ;i Si >ther 

officers as the Legislature shall iper- 

intendent shall be chosen by t } 1 « - qualified e the 

State, in such manner as the Legislature shall 
his powers, dui ie 
by law. Providi </, thai his • 
cccd the sum of twelve hundred dollars annually. 

In whom shall the 

Sow shall the State Sup 
hi^ compensation? 

Si The pi >f nil land 

lereafter may 1 by tl><- I Fnited 5 

State, for educal tonal pui * 
tofore granted for the purpo 

all moneys, and the olear proceeds of all \ that. 

may accrue to the State by forfeiture i 1 all 

moneys which may be paid as an equivalei i smp- 

tion from military duty, and the olear pi I all 

fines colle< ted in the several count i of 

the penal laws, and all moneys arising from any grant to 

the State where the purposes <>t' BUCh grant are ii"t 

oified, ami the live hundred thousand acres of Ian 

which the Siaie is entitled by the provisi< 

of Congress, entitled "an act to appropriate the | 

Oeeds of the sales of public lands, and to grant pre-emp- 
tion rights," approved the fourth day of September, one 

thousand eight hundred and forty-one, and also the five 
centum of the net proceeds of the public lands to 



90 Constitution of the State of Wisconsin. 

which the State shall become entitled on her admission 
into the Union, (if Congress shall consent to such appro- 
priation of the two grants last mentioned,) shall be set 
apart as a separate fund, to be called the school fund, 
the interest of which, and all other revenues derived 
from the school lands, shall be exclusively applied to the 
following objects, to- wit: 

1. To the support and maintenance of common schools 
in each School District, and the purchase of suitable 
libraries and apparatus therefor. 

2. The residue shall be appropriated to the support 

and maintenance of Academies and Normal Schools, and 

suitable libraries and apparatus therefor. 

What shall be set apart as a separate fund ? What shall it be 
called ? To what purposes shall the interest and other revenues 
from the school lands be applied ? 

Section 3. The Legislature shall provide by law for 
the establishment of District Schools, which shall be as 
nearly uniform as practicable, and such schools shall be 
free and without charge for tuition to all children be- 
tween the ages of four and twenty years, and no secta- 
rian instruction shall be allowed therein. 

Wliat is said respecting the establishment of District Schools? 
respecting .their uniformity ? charge for tuition ? respecting the 
ages of children ? sectarian instruction ? 

Section 4. Each town and city shall be required to 
raise, by tax, annually, for the support of common schools 
therein, a sum not less than one-half the amount received 
by such town or city respectively for school purposes, 
from the income of the school fund. 

What shall each town and city be required to raise by tax ? 

Section 5. Provision shall be made by law for the 



Cbnsi W\ M 

distribution of tb 1 fund ai 

i al town! and oil iei of th< 
common schools therein, in some j i the 

Dumber of children and youth 
the a >ur :hk1 twenj 

shall !><• iii:i<I<- from l! 

for the year in which said city or town -hull Gail 
such tax, nor to anj u bo 

maintained ;it ieaal thi 

\\ i 

ichool fund? In w i 

bfl made? 

Provision shall be the 

blishmenl of 

rnment, and 
from time to I ime bu< h I 
State, as the into 

of all lands i bal 
granted by the I Fnited i 

port of a University, Bhall be and h tual 

fund to 1"' called the " Unr I 'und," I 

which Bhall be appropriated to the Bup 
University, and no se< tarian in 11 be allowed 

in such I 'iiivn Bity. 

What is said in tl 
tablishmei te University? Wl 

fund 
ated? What is forbidden in such \ 

The, S< rer, and 

Attorney General shall constitute a Board of Commis- 
sioners for the sale of the School and University Elands, 
and for ill.' investment of the funds ora. 

Any two of Baid Commissioners Bhall be a quorum for 



92 Constitution of the State of Wisconsin. 

the transaction of all business pertaining to the duties 
of their office. 

Who shall constitute a board of Commissioners? For what 
purpose? Who shall constitute a quorum? 

Section 8. Provision shal 1 be made by law for the 
sale of all School and University Lands, after they shall 
have been appraised, and when any portion of such lands 
shall be sold, and the purchase money shall not be paid 
at the time of the' sale, the Commissioners shall take 
security by mortgage upon the land sold for the sum 
remaining unpaid, with seven per cent, interest thereon 
payable annually at the office of the Treasurer. The 
Commissioners shall be authorized to execute a good and 
sufficient conveyance to all purchasers of such lands, and 
to discharge any mortgages taken as security, when the 
sum due thereon shall have been paid. The Commis- 
sioners shall have power to withhold from sale any por- 
tion of such lands when they shall deem it expedient, 
and shall invest all moneys arising from the sale of such 
lands, as well as all other University and School funds, 
in such manner as the Legislature shall provide, and 
shall give such security for the faithful performance of 
their duties as may be required by law. 

For what shall provision be made in this section? In the sale 
of lands if the purchase money is not paid, what shall be done? 
What shall the Commissioners be authorized to execute? What 
power shall they have? What security shall they give? 

ARTICLE XI. 

Corporations, 

Section 1. Corporations without banking powers or 
privileges may be formed under general laws, but shall 
not be created by special act, except for municipal pur- 



Constitution of '/•■ StaU of W\ 

es, and in in the judgment of tl 

l»ture, ill- object ion cannol be attained 

und< 

d under the | 

! « ,( l by tl..- Legislature al any time after their 

I 

Whal d 

■ 
ception? \\ bal msj be alten •! or i 

No municipal corporation shall take pri- 
property f<>r public u 
owner, withoul the necessity thereof beii rtab- 

lished by (Ik- verdict of a j 

What ia .1 municipal corporation forbiddi i 

li shall be the duty of the Legislature, 
and they are hereby i mpowered, to proi ide for the 
ganizal on of cities and in< d Tillages, and V 

strict their powers i ■: nient. bORO* 

money, contracting debts, and loaning their . ,» as 

to prevent abuses in assessments and taxation, and in con- 
tracting debts by suoh municipal corporations. 

\\ hal is the power of the Legislature* tattoo 

"I cities and incorporated \ ilia 

■ no* I. The Legislature shall nol have power to 
create, authorize, or incorporate, by any general 
oial law, any hank or banking power or privilege, or any 
institution or corporation, haying any banking power or 
jprivilege whatever, except as provided in this article. 
What power is denied the Legislature? What exception? 

ctionS. The Legislature may submit to the vot- 
ers at any general election, the question of " hank or no* 



94 Constitution of the State of Wisconsin. 

bank," and if at any such election a number of votes 
equal to a majority of all the votes cast at such election 
on that subject shall be in favor of banks, then the Leg- 
islature shall have power to grant bank charters, or pass 
a general banking law, with such restrictions and under 
such regulations as they may deem expedient and proper 
for the security of the bill holders. Provided, That no 
such grant or law shall have any force or effect until the 
same shall have been submitted to a vote of the electors 
of the State at some general election, and been approved 
by a majority of the votes cast on that subject at such 
election. 

What is the law respecting the establishing of banks? What is 
the proviso ? 

ARTICLE XII. 

Amendments. 

Section 1. Any amendment or amendments to this 
Constitution may be proposed in either House of the 
Legislature and if the same shall be agreed to by a ma- 
jority of the members elected to each of the two Houses, 
such proposed amendment or amendments shall be en- 
tered oh their journals with the } r eas and na3"S taken 
thereon, and referred to the Legislature to be chosen at 
the next general election, .and shall be published for 
three months previous to the time of holding such elect- 
ion. And if in the Legislature so next chosen, such pro- 
posed amendment or amendments shall be agreed to by a 
majority of all the members elected to each House, then 
it shall be the duty of the Legislature to submit such 
proposed amendment or amendments to the people,* in 
such manner and at 'such time as the Legislature shall 



Constitution of th, 8taU of Wi n in. 

oribe, and if the people shall approve and ratify 
amendment or amendments by ■ majority of th< 
voting thereon, such amendment 
beocme pari of the Constitution. / 
wore than one amendment be submitted, they shall be 
submitted in such manner thai th< 

ii amendments separately. 

u '" ■'■'• ' ' amendments to the - u 

linll lake plan ? Whal 
"' the Constitution? What proviso foiloi 

Bei riOM .'. If ai my time a mi 
and Assembly ball deem ii n< 
ii<». to revise 01 « bange thi I 

reoona ,hI <<• l! '«- electors to i 

rention at the next eh 

ture; and if it shall appear that a m 

voting thereon have voted foi I nti.,„, th I 

lature shall at its Qen 

Convention. 

\Vliat,„vlinr, 

«jy f the Constitution! I u,-,,,,,. 

ami. 1.1: \I||. 

MieceUat ions. 

S,< ,l(,x ] - The political year for the S 
oonsin shall commence on the first Monday in January in 
each year, and the general election shall be holden on 
fche Tuesday succeeding the first Monday ber 

in each year. 

me^e? 1vh-n U i 'n 11 ;"'"' 3~ fcrthe State , I Wiaoonain oom- 
m< iu( . \\ hen shall the general election be held ? 



96 Constitution of the State of Wisconsin. 

Section 2. Any inhabitant of this State who may 
hereafter be engaged, either directly or indirectly, in a 
duel, either as principal or accessory, shall forever be 
disqualified as an elector, and from holding any office 
under the Constitution and laws of this State, and may 
be punished in such other manner as shall be prescribed 
by law. 

What shall be the penalty for engaging in a duel ? 

Section 3. No Member of Congress, nor any person 
holding any office of profit or trust under the United 
States, (postmasters excepted) or under any foreign 
power; no person convicted of any infamous crime in 
any court within the United States, and no person being 
a defaulter to the United States, or to this State, or to 
any county or town therein, or to any State or territory 
within the United States, shall be eligible to any office 
of trust, profit or honor in this State. 

What persons are ineligible to any office of trust, profit or honor 
in this State ? What is a defaulter? 

Section 4. It shall be the duty of the Legislature to 
provide a great seal for the State, which shall be kept 
by the Secretary of State; and all official acts of the 
Governor, his approbation of the laws excepted, shall be 
thereby authenticitated. 

What seal shall it be the duty of the Legislature to provide ? 
Where shall it be kept? What acts shall be thereby authentici- 
tated ? What excepted ? 

Section 5. All persons residing upon Indian lands 
within any county of this State, and qualified to exercise 
the right of suffrage under this Constitution, shall be 

' itled to vote at the polls which may be held nearest 
their residence for State, United States or County offi- 



nshlution of tfn 

Provfdi u, I iiit no | 
offioera mil of the county in which he n 

\vi. 

Wli. re i hall tin . 

lows ? 

s 6. The el 
other than the presiding officers, shall I :<rk 

and int-at-Arms, to be 

Who 

riON 7, No county with an ai ftw hundn 

square miles or less, shall be dh id.-d i 
stricken therefrom, without submitting the to a 

vote of the people of the county, nor unless i majority 
of all the legal \ otei - of the i • >unt 

lion, shall 70te for the same. 

What is the law in the Ural put; of thii 
division of a count) I What further pr 

Si i rio» i county seal shall be removed until 

the point to which it is proposed t<> l>e removed shall l>e 
fixed by law, and a majority of the mty 

voting on the question shall have voted in favor of 
removal to such point. 

Whal is provided respecting the removal «>f ■ cow 

cnoN 9. All county officers whose election or ap- 
pointment is not provided lor by this Constitution, shall 
bo elected by the electors ^( the respective counties, ot 
appointed by the boards oi' supervisors, or other county 

authorities, as the Legislature shall direct. All city, 
town and village officers, whose election or appointment 
is not provided for by this Constitution, shall be elected 

a. 



98 Constitution of the State of Wisconsin. 

by the electors of such cities, towns and villages, or of 
some division thereof, or appointed by such authorities 
thereof as the Legislature shall designate for that pur- 
pose. All other officers whose election or appointment 
is not provided for by this Constitution, and all officers 
whose offices may hereafter be created by law, shall be 
elected by the people, or appointed as the Legislature 
may direct. 

How shall county officers be elected whose election or appoint- 
ment is not provided for by the Constitution? How shall city, 
town and village officers whose election or appointment is not pro- 
vided for, be elected? 

Section 10. The Legislature may declare the cases 
in which any office shall be deemed vacant, and also the 
manner of filling the vacancy where no provision is made 
for that purpose in this Constitution. 

What may the Legislature declare respecting vacancy in office? 
respecting the manner of filling a vacancy, and in what case? 

ARTICLE XIV. 

Schedule. 

Section 1. That no inconvenience may arise by rea- 
son of a change from a territorial to a permanent State 
government, it is declared that all rights, actions, prose- 
cutions, judgments, claims and contracts, as well of indi- 
viduals as of bodies corporate, shall continue as if no 
such change had taken place, and ail process which may 
be issued under the authority of the Territory of Wis- 
consin previous to its admission into the Union of the 
United States, shall be as valid as if issued in the name 
of the State. 

What shall continue as if no change had taken place from a 



( 

torlal i" a p4i i 
■pecting the \m uing ol , 

All laws now in 
\\'i ■ on in, \> hi< ii are not I 

shall remain until tbej ovi d lim- 

itation, or be altered or rep< aled !•;, 

wi. 
ol w 

Bbotion 3. All I'n i 
of the State. 

\\ 1 1 ni is providi 

i tow I. All re* 
which may be taken I 
to ;i permanent state gov< i 
shall pass to, and ma^ be | 
Stale, and all bonds executed i" the I 
Territory , or I i ai j thei 
offioial capacity, shall pass t<» the I 
thority, and their succes Bors in 
in respect ively expn 

red accordingly ; and all tl 
persona] or mixed, and all judgmen 
ohoses in action, and claims «>r debts of wl 
Bcription, of tin- I 1. shall inure 

and vesl in the State of Wisconsin, and may be 
and recovered in tin' same manner and to the si 
tent, by the State of Wisconsin, as the 
been by the Territory of Wisconsin. All criminal | 
Becutions and penal actions which have arisen, or which 
may arise before t ho change from a territorial to a state 



100 Constitution of the State of Wisconsin 

government, and which shall then be pending, shall be 
prosecuted to judgment and execution in the name of the 
State. All offenses committed against the laws of the 
Territory of Wisconsin, before the change from a terri- 
torial to a state government, and which shall not be pro- 
secuted before such change, may be prosecuted in the 
name and by the authority of the State of Wisconsin, 
with like effect as though such change had not taken 
place ; and all penalties incurred shall remain the same 
as if this Constitution had not been adopted. All ac- 
tions at law, and suits in equity, which, may be pending 
in any of the courts of the Territory of Wisconsin, at 
the time of the change from a territorial to a state gov- 
ernment, may be continued and transferred to any court 
of the State which shall have jurisdiction of the subject 
matter thereof. 

What provision is made as to recognizances? as to the estate and 
property of the territory of Wisconsin? What are choses in ac- 
tion? What is provided as to criminal prosecutions, and penal ac- 
tions? offenses? penalties? as to actions at law and suits in equity? 

Section 5. All officers, civil and military, now hold- 
ing their offices under the authority of the United States, 
or of the Territory of Wisconsin, shall continue to hold 
and exercise their respective offices until they shall be 
superseded by the authority of the State. 

What is said respecting officers, civil and military? 



Section 6. The first session of the Legislature of the 
State of Wisconsin shall commence on the first Monday 
in June next, and shall be held at the village of Madison 
which shall be and remain the seat of government until 
otherwise provided by law. 



( I 'tint inn <,/ (hi 8tCtti <>/ H Idl 

When mnsl the ft] 
musl it be i:. Id? 

All county, 
shall continue to bold tb< i 
removed by the compel m tut 
ture shall, in ity with • 

ititution, proi id 
offi( [y. 

Wl 

The Pn 
immediati Ij 
this ( lonstitutioi , 

if this Terrii 
lion to tin- formation i 
sin, and 

of the L | ! i iture," a] | 
Tiding for the calling of tl 
of bo much of the 
its the nuiiil 
Preaidenl oi United S 

of the United States at its pn 

r Whal v' 

To whom to b( forwi 

whal ; 

■ "ON 9. Tliis ( '■ on Bhall 

an election to be held on tin 
next, for ratification or rejecti 
sons oi' the age of twentj 
shall then be reside nts of this 
the United States, or Bhall have d< 
to become such in conformity with the law 
on the subject of naturalization j and all persona hai 



102 Constitution of the State of Wisconsin, 

such qualifications shall be entitled to vote for or against 
the adoption of this Constitution, and for all officers first 
elected under it. And if the Constitution be ratified by 
said electors, it shall become the Constitution of the 
State of Wisconsin. On such of the ballots as are for 
the Constitution, shall be written or printed the word 
" yes;" and on such^as are against the Constitution^ the 
word " no." The election shall be conducted in the 
manner now prescribed by law, and the returns made by 
the clerks of the boards of supervisors or county com- 
missioners (as the case may be) to the Governor of the 
Territory, at any time before the tenth of April next. 
And in the event of the ratification of the Constitution, 
by a majority of all the votes given, it shall be the duty 
of the Governor of this Territory to make proclamation 
of the same, and to transmit a digest of the returns to 
the Senate and Assembly of the State, on the first day of 
their session. An election shall be held for Governor 
and Lieutenant Governor, Treasurer, Attorney General, 
Members of the State Legislature, and Members of Con- 
gress, on the second Monday of May next, and no other 
or further notice of such election shall be required. 

When and for what purpose was the Constitution submitted to 
the people? What was required to make it the Constitution of the 
State? What is meant by ratify? How was the voting conducted? 
What was the duty of the Governor of the Territory, upon its 
ratification? When was the first election of State officers, Mem- 
bers of the Legislature, and Members of Congress to be held? 

Section 10. Two Members of Congress shall also be 
elected on the second Monday of May next; and until 
otherwise provided by law, the counties of Milwaukee, 
Waukesha, Jefferson, Racine, Walworth, Rock and 
Green shall constitute the First Congressional District, 



elect one member; tnd t In- coontici of Waahii _ 

id 'In Lac, Man 
Dodge, I >ane, I"' 

ford, < Jhippewa, E itute 

the Second < 

iber. 

How man) Meml i 

: ued the S< 
flfthea 

ctiom 11. The several i r »»> 

this ai i icle shall be oond 
laws of the Territory , / 

be entitled t <•].! in the 1' 

an here he resides. T ttors 

and Membet mbly, ihall I i the 

and oertifical rided by 

In the 
election for Senator ahall be made to thi 
in the county of Brown; in the v ~ 
trict, to the proper officer in the county 
the Third Senatorial I to the pi n the 

of Crawford; in the Fourth Senate 
to the proper officer in the count] ; and 

in the Fifth Senatorial District to the pi 
the county of Iowa. The returns 

Officers and Members of t . shall be Certified and 

transmitted to the Speaker of the ly at the 

government, in the same manner as the votes tor del- 



104: Constitution of the State of Wisconsin. 

egates to Congress are required to be certified and re- 
turned, by the laws of the Territory of Wisconsin, to 
the Secretary of said Territory, and in such time that 
they may be received on the first Monday in June next ; 
and as soon as the Legislature shall be organized, the 
•Speaker of the Assembly and the President of the Sen- 
ate shall in the presence of both Houses, examine the 
returns, and declare who are duly elected to fill the sev- 
eral offices hereinbefore mentioned, and give to each of 
the persons elected, a certificate of his election. 

How were the elections to be conducted? What proviso? What 
was required as to returns of the election of Senators and Members 
of Assembly? As to returns of election of State officers and Mem- 
bers of Congress? What were the Speaker of the Assembly and 
the President of the Senate to do, and when? What were they to 
give to each person elected? What ty the use of such a certificate? 

Secton 12. Until there shall be a new apportion- 
ment, the Senators and members of Assembly shall be 
apportioned among the several districts, as hereinafter 
mentioned, and each district shall be entitled to elect one 
Senator or Member of the Assembly, as the case may be. 

The counties of Brown, Calumet, Manitowoc, and She- 
boygan shall constitute the First Senate District. 

The counties of Columbia, Marquette, Portage and 
Sauk shall constitute the Second Senate District. 

The counties of Crawford, Chippewa, St. Croix, and 
La Pointe, shall constitute the Third Senate District. 

The counties of Fond du Lac and Winnebago shall 
constitute the Fourth Senate District. 

The counties of Iowa and Richland shall constitute the 
Fifth Senate District. 

The county of Grant shall constitute the Sixth Senate 
District. 



The county oi 
Senate District. 

The county ol 
i ict. 

The county of Dane shall constitute tl 
Disl riot. 

The county of I I 

The county of V 
enth Senate I district. 

The county of J ,-,1, 

Senate I district. 

The county of Waukesha Bhall • ;,ir- 

teentfa Semite I >istri< i. 

The oountj of Walworth Bhall i 
teenth Senate 

The county of I: 
ale District. 

The towns of Southport, 
tol, Brighton, Salem and Wl, 
of Racine, shall constitute the Sixfc 

The towns of Raoine, Caledonia, Mount Pl< 
mond, Norway, Roch< kville and Burli 

the county of Racine, shall constitute nth 

Senate I district. 

The third, fourth, and fifth VI \|U- 

waukee, and the towns of Ji n 

and Greenfield, in the county of Milwaul 
tute the Eighteenth Senate Distrii 

Tito first and second wards of the 
and the towns of Milwaukee, Wauwatosa, and Granville, 
iu the county o( Mil* shall constitute the Xine- 



106 Constitution of the State of Wisconsin. 

The county of Brown shall constitute an Assembly 
District. 

The county of Calumet shall constitute an Assembly 
District. 

The county of Manitowoc shall constitute an Assem- 
bly District. 

The county of Columbia shall constitute an Assembly 
District. 

The counties of Crawford and Chippewa shall consti- 
tute an Assembly District. 

The counties of St. Croix and La Pointe shall consti- 
tute an Assembly District. 

The towns of Windsor, Sun Prairie, and Cottage 
Grove, in the county of Dane, shall constitute an Assem- 
bly District. 

The towns of Madison, Cross Plains, Clarkson, Spring- 
field, Verona, Montrose, Oregon, and Greenfield, in the 
county of- Dane, shall constitute an Assembly District. 

The towns of Pome, Dunkirk, Christiana, Albion, and 
Rutland, in the county of Dane, shall constitute an As- 
sembly District. 

The towns of Burnett, Chester, Le Roy, and Williams- 
town, in the county of Dodge, shall constitute an Assem- 
bly District. 

The towns of Fairfield, Hubbard, and Rubicon, in the 
county of Dodge, shall constitute and Assembly Dis- 
trict. 

The towns of *Hustisford, Ashippun, Lebanon, and 
Emmet, in the county of Dodge, shall constitute and As- 
sembly District. 

The towns of Elba, Lowell, Portland, and Clyman, in 
the county of Dodge, shall constitute and Assembly 
District. 



Con 107 

The town of < Mam ind 

Trenton, in the county of Dodge, shall 
sembl) I >i ; riot. 

The i" • 1 1 1 1 1 1 <■ i . I 

oheedah, 
ihall const itute an A- lemblj d 

The i" Ito, sfetom 

Waupun, < >akficld, and Seven 
of Pond (In Lao, shall const it iite and 

The precinol • of I [axel 
Grove, and Jamestown, in the county of t rrant, shall 
stitute an Assem ot. 

The preoinotfi of Platteville, Head of I'' atre- 

villi*, Muscoda, and Fennimore, in the county of Grant, 
shall const itu 

The precim ts of Pleasant Valley, 1 N tosi, ^ 
Hurricane, ! v >on, in the count 

shall oonstit ut 

The precinol - of Beeto** a, Patch I lie, 

Millville, and Lancaster, in the o shall 

roust itute an Assemb 

The countyof Green slmll con 
triot. 

The precincts of Dallas, Peddl 
Point, and Yellow Stone, in the count shall 

oonstitutc an Assembly District* 

The precinctsof Franklin, Dodgeville, Poi 
Arena, and Percussion, in the county of [owa, and the 
count)- of Richland, shall constitute an Assembly I 
triot. 

The towns of Watertown, Aztalan, and Waterloo, in 
the oouhty of Jefferson, shall constitute an Assembly Dis- 
trict. 



108 Constitution of the State of Wisconsin, 

The towns of Ixonia, Concord, Sullivan, Hebron, Cold 
Spring, and Palmyra, in the county of Jefferson, shall con- 
stitute an Assembly District. 

The towns of Lake Mills, Oakland, Koskonong, Farm- 
ington and Jefferson, in the county of Jefferson, shall 
constitute an Assembly District. 

The precincts of Benton, Elk Grove, Belmont, Willow 
Springs, Prairie, and that part of Shullsburgh precinct 
north of town one, in the county of La Fayette, shall con- 
stitute and Assembly District. 

The precincts of Wiota, Wayne, Gratiot, White Oak 
Springs, Fever River, and that part of Shullsburgh pre- 
cinct south of town two, in the county of La Fayette, 
shall constitute an Assembly District. 

The county of Marquette shall constitute an Assembly 
District. 

The first ward of the city of Milwaukee shall constitute 
an Assembly District. 

The second ward of the city of Milwaukee shall con- 
stitute an Assembly District. 

The third ward of the city of Milwaukee shall con- 
stitute an Assembly District. 

The fourth and fifth wards of the city of Milwaukee 
shall constitute an Assembly District. 

The towns of Franklin and Oak Creek, in the county 
of Milwaukee, shall constitute an Assembly District. 

The towns of Greenfield and Lake, in the county of 
Milwaukee, shall constitute an Assembly District. 

The towns of Granville, Wauwatosa, and Milwaukee, 
in the county of Milwaukee, shall constitute an Assembly 
District. 

The county of Portage shall constitute an Assembly 



Co 
The (own of Racine, in the county hall 

constitute 

Tin i Mount 

. in the COUt 
rict. 
The i ille, in 

the county of Racine, shall constitute an Assem 
triot. 

'I'h*- to '• Pike, 

in the county oi Racine, shall constii Assembly 

District. 

The to Paris, Bristol, B and 

Wheatland, in the count) 
rict. 

The i"\\ n- of Janesi ille and I 
Rock, shall const itute an Assembly I 

The towns of Beloit, Turtle, and < Hinton, in the county 
of 1'ix'ls. sli.ill constitute an Assembly 1 1 

The towns of Magnolia, Union, Porter, and Fulton, in 
the county of Rook, shall constitute an Assembly I 
iiict. 

The towns of Milton, Lima, and Johnstown, in tin* 

county i^\ Rock shall constitute an Assembly District 
The towns oC Newark, Rock, Avon, Spiing Valley, 
Center, in the county <>\ Rock, Bhall constitute an \-- 
sembly District. Provided, Thai if the Legislature shall 

divide the town of Tenter, they may attach BUCh part of 

it to the district lying next north, as they may deem 
expedient. 

The county of Sauk shall constitute an Assembly 1 

triot. 

Precincts numbered one, three and seven, in the county 
of Sheboygan, shall constitute an Assembly District. 



110 Constitution of the State of Wisconsin. 

Precincts numbered two, four, five, and six, in the 
county of Sheboygan, shall constitute an Assembly Dis- 
trict. ' 

The towns of Troy, East Troy and Spring Prarie, in 
the county of Walworth, shall constitute an Assembly 
District. 

The towns of Whitewater, Richmond, and Lagrange,, 
in the county of Walworth, shall constitute an Assembly 
District. 

The towns of Geneva, Hudson, and Bloomfield, in the 
county of Walworth, shall constitute an Assembly Dis- 
trict. 

The towns of Darien, Sharon, Walworth, and Linn, in 
the county of Walworth, shall constitute an Assembly 
District. 

The towns of Delavan, Sugar Creek, La Fayette, and 
Elkhorn, in the county of Walworth, shall constitute an 
Assembly District. 

The towns of Lisbon, Menomonee, and Brookfield, in 
the county of Waukesha, shall constitute an Assembly 
District. 

The towns of Warren, Oconomowoc, Summit, and 
Ottawa; in the county of Waukesha, shall constitute an 
Assembly District. 

The towns of Delafield, Genesee, and Pewaukee, in 
the county of Waukesha, shall constitute an Assembly 
District. 

The towns of Waukesha, and New Berlin, in the 
county of Waukesha, shall constitute an Assembly Dis- 
trict. 

The towns of Eagle, Mukwanago, Vernon and Muske- 
go, in the county of Waukesha, shall constitute an As- 
sembly District. 



( onstUntion of t/<< 1 1 1 

The to* □ 

■■, in the county of W 
>ly District. 

The towns of Grafton, and 
Washington, shall constit 

The towns of Ifequon, and ( I 
t\ of Washington, shall constitute 

The towns of Polk, Richfield, mty 

of Washington, shall 

The towns of Hartford, Addison, ' 
ill Bend, in the oountj 
tute .-in Assembly I 

The county of Winnebago shall constitute ao 
bly District. 

The foregoing d 
be altered thai when ■ 1. it 

may be added to either of the adjoinin 

l riots. 

H.»u ma 
snnl.lv Districts? How • 

Section 13. Such parts of the common la-.. 

now in force in the Tenii ,, ,„,, j, 

sistent with this Constitution, shall be and i 

of the law oi this State until altered or suspended by 

the 1 egislature. 

What parts of the common It th«> 

law of the State? What do you understand I 

Section 1 1. The Senators firsl in the even 

numbered Senate Districts, the Governor, Lieutenant 

Governor and other State officers first elected under this 
Constitution, shall enter upon the duties of their respect- 
ive offices on the first Monday of -June next, and shall 



112 Constitution of the State of Wisconsin. 

* 

continue in office for one year from the first Monday of 
January next. The Senators first elected in the odd 
numbered Senate^ Districts, and the members of the As- 
sembly first elected, shall enter upon their duties respect- 
ively on the first Mcnday of June next, and shall contin- 
ue in office until the first Monday in January next. 

What was provided in regard to the first State Senators in the 
even numbered districts, and the first State officers? What in re- 
gard to the first Senators in the odd numbered districts, and the 
first members of Assembly? Why was this distinction made in re- 
gard to Senators? 

Section 15. The oath of office may be administered 
by any judge or justice jof the peace, until the Legisla- 
ture shall otherwise direct. 

How may the oath of office be administered ? Subject to what 
condition ? What is an oath of office? 

RESOLUTIONS. 

JZesolved, That the Congress of the United States be, 
and is hereby requested, upon the application of Wis- 
consin for admission into the Union, so to alter the pro- 
visions of an act of Congress entitled " an act to grant a 
quantity of land to the Territory of Wisconsin, for the 
purpose of aiding in opening a canal to connect the wa- 
ters of lake Michigan with those of Rock river," ap- 
proved June eighteenth, eighteen hundred and thirty- 
eight, and so to alter the terms and conditions of the 
grant made therein, that the odd numbe:ed sections there- 
by granted, and remaining unsold, may be held and dis- 
posed of by the State of Wisconsin, as part of the five 
hundred thousand acres of land to which said State is 
entitled by the provisions of an act of Congress entitled 
" an act to appropriate the proceeds of the sales of the 



Con if,, Stat 1 1] 

public lands, and to granl pre-emption I 

the fourth day of Beptemfo een hundred and f< 

one; and further, thai th 

red by ( « ,iy be offeree] for 

minimum pri< . \ho 

s:,,li ublic landi in the 

I died 

& further requested t<. pass 

an mci w hereby tl dol- 

lar and twenty-fn . which may I 

paid by the pun en auml 

which shall bave been sold by the 
funded to the presenl owners thereof, or they b< all 
to enter any of the public lands of the 
an amounl equal in value to th 

Resolved } Thai in case the odd numbered 
shall be ceded to the Btatei ,il be 

aold by the Btate in the Bame m 
lands: Provid \ Thai ii. 

• now granted by the laws 
shall be secured to persons whi 
upon such lands at the time of the adoption 
stitution; .1/ 

•liar and twen 
absolutely or conditionally contracted to be paid by the 
purchasers of any pari which shall 1 

boen sold by the Territory of v fit- 

ted to such purchasers, their repxi 

be requested, upon 
plioation of Wisconsin for admission into the rune. 
an act whereby the --rant of live hundred thousand 
of laud, to which the £ q is enti 

II. 



114 Constitution of the State of Wisconsin. 

by the provisions of an act of Congress entitled " an act 
to appropriate the proceeds of the sales of the public 
lands, and to grant pre-emption rights," approved the 
fourth day of September, eighteen hundred and forty-one, 
and also the five per centum of the net proceeds of the 
public lands lying within the State, to which it shall be- 
come entitled on its admission into the Union, by the 
provisions of an act of Congress entitled " an act to en- 
able the people of Wisconsin Territory to form a Con- 
stitution and State Government, and for the admission of 
such State into the Union," approved the sixth day of 
August, eighteen hundred and forty-six, shall be granted 
to the State of Wisconsin for the use of schools, instead 
of the purposes mentioned in said acts of Congress re- 
spectively. 

Resolved, That the Congress of the United States be, 
and hereby is requested, upon the admission of this 
State into the Union, so to alter the provisions of the act 
of Congress entitled " an act to grant a certain quantity 
of land to aid in the improvement of the Fox and Wis- 
consin rivers, and to connect the same by a canal in the 
Territory of Wisconsin," that the price of the lands re- 
served to the United States shall be reduced to the mini- 
mum price of the public lands. 

Resolved, That the Legislature of this State shall make 
provision by law for the sale of the lands granted to the 
State in aid of said improvements, subject to the same 
rights of pre-emption to the settlers thereon, as are now 
allowed by law to settlers on public lands. 

Resolved, That the foregoing resolutions be appended 
to and signed with the Constitution of Wisconsin, and 
submitted therewith to the people of this Territory, and 
to the Congress of the United States. 



• 






We, the 
form a ( 

nitted to 

al Mi 
hundred 

Tuo' 



WILLI 









i 

JOHN i! w 

JAM] - 

Eg 

All- 

l 

RA1 D, 
























• 



116 Constitution of the State of Wisconsin. 

How many resolutions were adopted by tlie Convention? What 
do the first six resolutions relate to? What was the last resolu- 
tion? What did the members of the Convention certify? How 
did they testily this? _IIow many members signed the Constitu-. 
tion? Who was the President of the Convention? From what 
county? Who was Secretary? Which members have since been 
Governor of Wiscorfsin? Which member has been State Superin- 
tendent of Public Instruction? Which member now holds a high 
public position in the State? Which menibers do you know to be still 
living? 



AMENDMENTS. 



ARTICLE IV. 



[Section 21, as amended by a vote of the people at the General Election, 
November 5, 1807.] 

Section 21. Each member of the Legislature shall 
receive for his services three hundred and fifty dollars 
per annum, and ien cents for every mile he shall travel 
in going to and returning from the place of the meetings 
of the Legislature, on the most usual route. In case of 
an extra session of the Legislature, no additional com- 
pensation shall be allowed to any member thereof, either 
directly or indirectly. 

By the Amendment to Article IY, what is each member of the 

Legislature to receive for his services? What provision is made 

as to mileage? In case of an extra session of the Legislature, what 

nol be allowed? When was this amendment voted by the 

people? 

. ARTICLE V. 

[Sections S and 9, a* amended by a vote of the people at the General Election, 
Novembers, 1869. 

Section 5. The Governor shall receive during his 
continuance in office, an annual compensation of five 
thousand dollars, which shall be in full for all traveling 
or other expenses incident to his duties. 

Section 9. The Lieutenant Governor shall receive, 



117 
Auric 

be in full : 

tlCIl 



PROPOSED AMEN rS. 

[CU I. 

niitt. (1 to I 

i be held to 
oriminal i ithoui d 

of punishm* nl . nox iball 

to DC B VI 

oepl for capita] offenses u hen the j 
imption ind the 

shall not be Busp 
of rebellion or invasion the public 

A Proposed amendment to 
eeo Bubmitted to the . 
1 by the p 
stitution without? What *1 i * I tl 

AlM'M.i; IV. 

[Amendment, proposed by U 

s 31. The Legislature U prohibited from em 

ing any special or private laws in the f< llowi] 

1st. For changing- the name i 'constituting 

one person the heir-at-law of an< ther. 2d. Fur laving 

out, opening or altering highways, except in eases of 



118 Constitution of the State of Wisconsin. 

State reads extending into more than one county, and 
military roads to aid in the construction of which, lands 
may be granted by Congress. 3d. For authorizing per- 
sons to keep ferries across streams, at points wholly with- 
in this State. 4th. For authorizing the sale or mortgage 
of real or personal property of minors or others under 
disability. 5th. For locating or changing any county 
seat. 6th. For assessment or collection of taxes, or for 
extending the time for the collection thereof. 7th. For 
granting corporate powers or privileges, except to cities. 
8th. For authorizing the apportionment of any part of 
the school fund. 9th. For incorporating any town or 
village, or to amend the charter thereof. 

Section 32. The . Legislature shall provide general 
laws for the transaction of any business that may be pro- 
hibited by section thirty-one of this article, and all such 
laws shall be uniform in their operation throughout the 
State. 

An amendment to which article of the Constitution was proposed 
by the Legislature of 1870? What action was taken by the Legis- 
lature of 1871 in regard to this amendment? State the first 
three prohibitions proposed in the section numbered 31. The next 
three. The last three. What is proposed in the section numbered 
32? When will this proposed amendment be submitted to the 
people of the State ? 



APPENDIX: 

TBI D» 01 C0V- 

[< \i. 1 EEMfl a\i> | 






DECLARATION OF IKDI ' 



BCLARATIO 
si kTKS 01 

.Ml 

Wins, in the course of I 
necessary for 

which have connected them with n 
among i he powerc of i he eai th i [uaJ 

stal ion to which the la^ I of natui 
entitle them, a d< 
kind requires thai th< 
impel I hem t<» 1 1 1 « ii. 

We hold these ti utha to 
are created equal ; thai th< lowed by th< 

ior with certain unalienable right 
are life, liberty, and the pursuil of ha] 
secure these rights, governmei institute 

men, deriving their jusl | n.1 of the 

rned; and that whenever any form of government 
becomes destructive to these ends, it is the righl of the 
people to alter or to abolish it, and to Lnatitul 
government, laying its foundation on Buch princi] 
and organizing its powers in Buch form, as to them shall 
seem most likely to effeel their safety and bappii 
Prudence, indeed, will dictate thi amenta long 

established Bhould not be ohanged for lighl and transient 
causes; and. accordingly, all experience hath shown that 



122 Declaration of Independence. 

mankind arc more disposed to suffer, while evils are suf- 
ferable, than to right themselves by abolishing the forms 
to which they are accustomed. But when a long train 
of abuses and usurpations, pursuing invariably the same 
object, evinces a design to reduce them under absolute 
despotism, it is their right, it is their duty, to throw off 
such government, and to provide new guards for their 
future security. Such has been the patient sufferance of 
these colonies, and such is now the necessity which con- 
strains them to alter' their former systems of government. 
The history of the present king of Great Britain is a his- 
torj'- of repeated injuries and usurpations, all having, in 
. direct object, the establishment of an absolute tyranny 
over these states. To prove this, let facts be submitted 

to^a candid world. 

!■ 

He has refused his assent to laws the most wholesome 
and necessary for the public good. 

He has forbidden his governors to pass laws of imme- 
diate and pressing importance, unless suspended in their 
operation till his assent should be obtained ; and when 
so suspened, he has utterly neglected to attend to them. 
He has refused to pass other laws for the accommodation 
of large districts of people, unless those people would 
relinquish' the right of representation in the legisla- 
ture, — a right inestimable to them, and formidable to 
tyants only. 

He has called together legislative bodies at places 
unusual, uncomfortable, and distant from the repository 
of their public records, for the sole purpose of fatiguing 
them into compliance with his measures. 

He has dissolved representative houses repeatedly, for 
opposing with manly firmness his invasions on the rights 
of the people. 



Ji' 

in il 
from 

1 1 

oaturaliz 

dil ions of Q< '■ 
1 I. 

])(»U 

I [4 

the t« in. 
of their 

He iii- erected a multii offices, and 

hither swarms of 
out their buI 

1 1<> has kepi among 
armies, without r 

Il(« has affected to rend r the military ind I of, 

ami sup< rior to, tl civil \to\\ 

He has combined with others a juris- 

diction foreign t<> ititution, ami una 

by our 1 .; -nit to their . 

legislation : 

r quartering large bodies of armed troops among us; 
For protecting them, by a mock trial, from puni 
menl for any murders which they Bhould commit on the 

inhabitants of these 



124 Declaration of Independence. 

For cutting off our trade with all parts of the world; 

For imposing taxes on us without our consent; 

For depriving us, in many cases, of the benefit of 
trial by jury; 

For transporting us beyond seas, to be tried for pre- 
tended offenses ; 

For abolishing the free system of English laws in a 
neighboring province, establishing therein an arbitrary 
government, and enlarging its boundaries, so as to ren- 
der it at once an example and fit instrument for intro- 
ducing the same absolute rule into these Colonies ; 

For taking away our charters, abolishing our most val- 
uable laws, and altering, fundamentally, the forms of our 
governments ; 

For suspending our own Legislatures, and- 'declaring 
themselves invested with power to legislate for us in all 
cases whatsoever. 

He has abdicated government here, by declaring us 
out of his protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt 
our towns, and destroyed the lives of our people. 

He is at this time transporting large armies of foreign 
mercenaries, to complete the works of death, desolation, 
and tyranny, already begun with circumstances of cru- 
elty and perfidy scarcely paralleled in the most barbar- 
ous ages, and totally unworthy the head of a civ ilized 
nation. 

He has constrained our fellow-citizens, taken captive 
on the high seas, to bear arms against their country, to 
become the executioners of their friends and brethren, or 
to fall themselves by their hands. 

He has excited domestic insurrections among us, and 



I>. claraiion of I 

endeavored to bi ing on the inl 
. he mei 
warfare ia an lie 

In i 
I'm- redrew in the most humble 

tiona i'i\ -• ; i \ 

prince w 

which ni:i\ di Bi Jer of a 

free people. 

r have we been wantii our 

Bi iiish brethren. \\ 

time, of attempts by thei l un- 

warrantable jurii 
them of the circurasl 
menl here. We have 
an 1 magnanimity, and w 
ties <>f our common kindred, I 
tions, which would inevitably 

mid correspond* the 

voice of justice and ol 
fore, acquie ice in the necessity \> ii ; 
aration, and hold thei 

enemies in v< 

We, therefore, i ; 
of America, in general Coi 
the Supreme Judge of the 

intentions, do, in the name and bj ty of the 

good people of these I mnly pul de- 

olare that these unit< d Colon ie 

io be, free and independei ab- 

solved from all all o the British crown, and thai 



126 



Declaration of Independence. 



all political connection between them and the State of 
Great Britain, is, and ought to be, totally dissolved, and 
that, as free and independent States they have full power 
to levy war, conclude peace, contract alliances, establish 
commerce, and to do all other acts and things which inde- 
pendent States may of right do. And for the support 
of this Declaration, with a firm reliance on the protec- 
tion of Divine Providence, we mutually pledge to each 
other our lives, our fortunes, and our sacred honor. 
Signed by 

JOHN HANCOCK, 

of Massachusetts. 



NEW nAMl'MTTUr;, 

JOSIAH BARTLETT, 
WILLIAM WHIP] 
MATTHEW THORNTON. 

MASSACHUSETTS BAY, 
SAMUEL ADAMS, 
JOHN ADAMS, 
ROBERT TREAT PAINE. 
ELBRIDGE GERRY. 

RRODE ISLAND, ETC.. 
STEPHEN HOPKINS, 
WILLIAM ELLERY. 
CONNECTICUT, 

ROGER SHERMAN, 
SAMUEL HUNTINGTON, 
WILLIAM WILLIAMS, 
OLIVER WOLCOTT. 
NEW YORK, 
WILLIAM FLOYD, 
PHILIP LIVINGSTON, 
FRANCIS LEWIS, 
LEWIS' MORRIS. 

N BW JERSEY, 
RICHARD STOCKTON. 
JOHN WTTHERSPOON, 
FRANCIS HOPKINSON, 
JOHN HA] 
ABRAHAM CLARK. 

BYLVANIA, 
ROBERT MO] 

JAMIN RUSH. 

'fix FRANKLIN, 
JOHN MORTON. 
GEORGE CLYMER, 
JAMES SMITH, 



PEN XsY LV A N I A. — (CO a lid U «?.) 

GEORGE TAYLOR, 

W I L SON, 
GEORGE ROSS. 

DELAWARE. 

CESAR RODNEY, 
GEORGE REED, 
THOMAS M'KEAN. 

MARYLAND, 

SAMUEL CHASE, 
WILLIAM PACA, 
THOMAS STONE, 
CHAS. CARROLL, of Carrollton. 

VIRGINIA, 

GEORGE WYTHE. 
RICHARD HENRY LEE, 
THOMAS JEFFERSON, 
BENJ AMIN HARRISON. 
THOMAS NELSON 
FRANCIS LIGHTFOOT LEE, 
CARTER BRAXTON. 

NORTH CAROLINA, 
WILLIAM HOOPER, 

H HEWES, 
JOHN PENN. 

B CAROLINA. 

EDWARD RUTLEDGE, 

•AS HEYWARD, Jr., 
THOMAS LYNCH, Jr.. 
ARTHUR MIDDLETON. 

GEORGIA, 

BUTTON GWINNETT, 
LYMAN HALL. 
GEORGE -WALTON. 




AR1 



To i 

fifteenth da; 

the 

i 

vania, Dela 

ilina and 

viz: 

• le of thi • 
America." 

1BTICLB II. 

retains il mandlnde- 

nee, and every Power, Juris 



128 Articles of Confederation; 

which is not by this Confederation expressly delegated 
to the United States in Congress assembled. 

ARTICLE III. 

The said States hereby severally enter into a firm 
League of Friendship with each other, for their common 
Defence, the Security of their Liberties, and their mu- 
tual and general Welfare ; binding themselves to assist 
each other, against all Force offered to, or Attacks made 
upon them, or any of them, on account of Religion, Sov- 
ereignty, Trade, or any other pretence whatever. 

ARTICLE IV. 

The better to secure and perpetuate mutual Friend- 
ship and Intercourse among the People of the different 
States, in this Union, the free inhabitants of each of 
these States, Paupers, Vagabonds, and Fugitives from 
Justice excepted, shall be entitled to all Privileges and 
Immunities of free Citizens in the several States; and 
the People of each State shall have free Ingress and 
Egress to and from any other State, and shall enjoy there- 
in all the Privileges of Trade and Commerce, subject to 
the same Duties, Impositions and Restrictions as the in- 
habitants' thereof respectively; Provided, that such Re- 
strictions shall not extend so far as to prevent the remov- 
al of Property imported into any State, to any other 
State of which the owner is an inhabitant : Provided 
also, that no Imposition, Duties, or Restriction shall be 
laid by any State, on the Property of the United States 
or either of them. 

If any person guilty of, or charged with Treason, Fel- 
ony, or other high Misdemeanor in any State shall flee 
from Justice, and be found in any of the United States, 



hall, upon demand of the I ti\.- 

Power of the State from vrhiefa he Bed, 1 op 

iukI removed to the State bavin 
offeo 

Full Faitfa and I ball \»- given in - 

Btatea to the l«« i Judicial Pi 

.mis and M... 

For the more convenienl M 
[nterests of the 1 lint 
ally appointed, in such manner 
State shall din ct, i<> meet ii ( on the t 

day in November, in - ar; * ith 

to each State to recall its I > 
i ime within the year, ■ 
stead, for ili«' remainder of tin 

ite Bhall be represents d j I than 

two, nor by more than Beven Members; and n< 
shall be capable of being a Del r more tl 

years in any term of BIT Ji UTS J I T shall U 

ing a Delegate, be capable of holding any ofl 

the United States, for which he, or another for 1 
fit, receives any salary, fees, or emolument i 

Bach State shall maintain its own I >• |< 

ing of the States, and while t ! the 

Committee of the States. 

[n determining questions in the Units 
assembled, each State shall ha 1 

Freedom of speech and delate in Congress Bhall not 
be impeached or questioned in any Court <>r place <mt of 
Congress, and the membei ihall 1 <> pro- 



130 Articles of Confederation, 

tectcrt in their persons from arrests and imprisonments, 
during the time of their going to and from, and attend- 
ance on Congress, except for treason, felony, or breach 
of the peace. 

ARTICLE VI. 

Xo State, without the consent of the United States, 
in Congress assembled, shall send an Embassy to, or re- 
ceive an Embassy from, or enter into any conference, 
agreement, alliance or treaty, with any King, Prince or 
State ; nor shall any person holding any office of profit 
or trust under the United States, or any of them, accept 
of any present, emolument, office, or title, of any kind 
whatever, from any^ving, Prince, or foreign State; nor 
shall the United States in Congress assembled, or any of 
them, grant any title of nobilit} 7- . 

No two or more States shall enter into any Treaty, 
Confederation or Alliance whatever bet ween them, with- 
out the consent of the United States in Congress assem- 
bled, specifying accurately the purposes for which the 
same is to be entered into, and how long it shall con- 
tinue. 

No State shall lay any Imposts or Duties which may 
interfere with any stipulations in Treaties entered into 
by the United States in Congress assembled, with any 
King, Prince or State, in pursuance of any Treaties 
already proposed by Congress, to the Courts of France 
and Spain. 

Xo vessels of war shall be kept up in time of peace 
by any State, except such number only as shall be deem- 
ed necessary by the United States in Congress assembled, 
for the defence of such State or its trade ; nor shall any 
body of forces be kept up by any State, in time of peace, 



. IrticU 8 of ( 

I totted S 
requi 

well 

;ukI accouten 

. in pul 
pieces and U 
lion and c*mp i 
i State shall 
of the I nii< d ( 

State be actually invaded U 
oen ed c( rtain ad\ ii e 
some Nation oT I 

1 Fnited States in ; 
nor shall an} 

els of war, nor 1 .• I 
cepl ii be after a declaratii 
in Congresi assembled, and th< 

(loin or Slate and the Subji 

has been so declared, and u . i, :i ll 

be established by the I i ii . 

bled : unless such State be infested bj 

case vessels of war may be fitted oul for that 

ami kepi so Long as the d inue, or until 

the United States in Congi d Bhall determine 

otherwise. 

\i: in ik \ n. 

M ben laml forces are raised by any State for the com- 
mon defence, all officers o( or under the rank of Colonel, 
shall b( appointed by the Legislature of each S 



132 Articles of Confederation. 

spectively, by whom such forces shall be raised, or in 
such manner as such State shall direct; and all vacancies 
shall be filled by the State which first made the appoint- 
ment. 

ARTICLE VIII. 

All charges of war and other expenses that shall be 
incurred for the common defence or general welfare, and 
allowed by the United States in Congress assembled, 
shall be defrayed out of a common Treasury, which shall 
be supplied by the several States, in proportion to the 
value of all land within each State, granted to or survey- 
ed for any person, as such land and the buildings and 
improvements thereon shall be estimated, according to 
such mode as the United States, in Congress assembled, 
shall from time to time direct and appoint. 

The taxes for paying that proportion shall be laid and 
levied by the authority and direction of the Legislatures 
of the several States, within the time agreed upon by 
the United States in Congress assembled. 

ARTICLE IX. 

The United States in Congress assembled shall have 
the sole and exclusive right and power of determining 
on peace and war, except in the cases mentioned in the 
sixth Article — of sending and receiving Ambassadors — 
entering into Treaties and Alliances, provided that no 
Treaty of Commerce shall be made whereby the Legis- 
lative power of the respective States shall be restrained 
from imposing such Imposts and duties on foreigners, as 
their own people are subjected to, or from prohibiting 
the Exportation or Importation of any species of goods 
or commodities whatsoever — of establishing rules for 



Article of Confederal 

deciding, in .-.II i>u i;iI1(1 

shall be legal, and in what mann< 
or naval • f the I 

be divide* or appropriat 

que and Reprisal in til 
Courts for the Irial ol Pi l |\ loni« i >mi 

on Hi- high 

and determining anally apj eals in all 
provided thai no member i I ippointed 

a Judge in anv of the 

The I nited States in < !oi 
the last resorl on appeal in all dis] 
now subsisting or thai hereafter m 
«>.• more States concernin 

;,,,v other cause whatever; which authority shall ah 
'"■ exercised in the manner following: Wnei • 

alative or Exeoutive authority, or lav 
any State in controversy with anothe 
Petition to I stating the matter in question, and 

praying for a hearing, notice thereof sl, :i ll be g 
order of Congress to the Legislative or I 
thority of the oilier State in contn md .•. dai 

signed lor the appearance of the parties by their La* 
agents, who shall then be directed to appoint, byj 
consent, Commissioners ..,• Judges to constitute a Court 
for hearing and determining the matter in 
if they cannot agree Congress shall nai 
on( of each of the United States, snd from the list 
such persons each party shall alternately strike i 
the Petitioners beginning, until the number shall be 
duced to thirteen; and from that number not less than 
Beven nor more than nine names, as Congress shall direct. 



134 Articles of Confederation. 

shall, in the presence of Congress be drawn out by lot, 
and the persons whose names shall be so drawn, or any 
five of them, shall be Commissioners or judges, to hear 
and finally determine the controversy, so always as a ma- 
jor part of the Judges who shall hear the cause shall 
agree in the determination ; and if either party shall neg- 
lect to attend at the day appointed, without showing 
reasons which Congress shall judge sufficient, or being 
present shall'refuse to strike, the Congress shall proceed 
to nominate three persons out of each State, and the 
Secretary' of Congress shall strike, in behalf of such 
party absent or refusing; and the judgment and sen- 
tence of the Court to be appointed, in the manner before 
prescribed, shall be final and conclusive; and if any of 
the parties shall refuse to submit to the authority of such 
Court, or to appear or defend their claim or cause, the 
Court shall nevertheless proceed to pronounce sentence, 
or judgment, which shall in like manner be final and de- 
cisive; the judgment or sentence and other proceedings 
being in either case transmitted to Congress, and lodged 
among the Acts of Congress, for the security of the par- 
ties concerned : Provided, That every Commissioner, be- 
fore he sits in judgment, shall take an oath, to be admin- 
istered by one of the Judges of the Supreme or Superior 
Court of the State, where the cause shall be tried, " well 
and truly to hear and determine the matter in question, 
according to the best of his judgment, without favor affec- 
tion or hope of reward ;" Provided also, That no State shall 
be deprived of Territory for the benefit of the United 
States. 

All controversies concerning the private right of soil 
claimed under different grants of two or more states, 



Articles of Confederation. 13 

whose jurisdictions as they may respect such lands, and 
the states which passed such grants are adjusted, the said 
grants or either of them being at the same time claimed 
to have originated antecedent to such settlement of juris- 
diction, shall on the petition of either party to the Con- 
gress of the United States, be finally determined as near 
as may be in the same manner as is before prescribed for 
deciding disputes respecting territorial jurisdiction be- 
tween different states. 

The United States in Congress assembled shall also 
have the sole and exclusive right and power of regulat- 
ing the alloy and value of coin struck by their own au- 
thority, or by that of the respective states — fixing the 
standard of weights and measures throughout the United 
States — regulating the trade and managing all affairs 
with the Indians, not members of any of the states, pro- 
vided that the legislative right of any state within its 
own limits be not infringed or violated — establishing or 
regulating post-offices from one state to another, through- 
out all the United States, and exacting such postage on 
the papers passing through the same as may be requisite 
to defray the expenses of the said office— appointing all 
officers of the land forces, in the service of the United 
States, excepting regimental officers — appointing all the 
officers of the naval forces, and commissioning all officers 
whatever in the service of the United States — making 
rules and for the government and regulation of the said 
land and naval forces, and directing their operations. 

The United States in Congress assembled shall have 
authority to appoint a committee, to sit in the recess of 
Congress, to be denominated " A Committee of the 
States," and to consist of one delegate from each state; 



136 Articles of Confederation. 

and to appoint such other committees and civil officers as 
may be necessary for managing the general affairs of 
the United States under their direction — to appoint one 
of their number to preside, provided that no person be 
allowed to serve in the office of president more than one 
year in any term of three years; to ascertain the neces- 
sary sums of money to be raised for the service of the 
United States, and to appropriate and apply the same for 
defraying the public expenses — to borrow money, or 
emit bills on the credit of the United States, transmit- 
ting every half year to the respective states an account 
of the sums of money so borrowed or emitted, to build 
and equip a navy, .to agree upon the number of land 
forces and to make requisitions from each State for its 
quota, in proportion to the number of white inhabi- 
tants in such state; which requisition shall be binding, 
and thereupon the legislature of each state shall appoint 
the regimental officers, raise the men and clothe, arm and 
equip them in a soldierlike manner, at the expense of the 
United States; and the officers and men so clothed, 
armed and equipped shall march to the place appointed, 
and within the time agreed on by the United States in 
Congress assembled. But if the United States in Con- 
gress assembled shall, on consideration of circumstances 
judge proper that any state should not raise men, or 
should raise a smaller number than its quota, and that any 
other state should raise a greater number of men than 
the quota thereof, such extra number sjiall be raised, offi- 
cered, clothed, armed and equipped in the same manner 
as the quota of such state, unless the legislature of such 
state shall judge that such extra number cannot be safely 
spared out of the same, in which case they shall raise, 



officer, clothe, arm wid equip • :ium _ 

ber as they judge cai Al „l d 

"rimentoclotfc I and equipped, shall 

the place appointed, and within the I 
the United Stati , (J 

The United 3 

, " 1 ""«' of peace,noi enter Into any ... 
nor coin money, n< duethe* 

tain the sun 

welfare of the United Si 
Wls,nor borrow money on the credit of the I 
appropriate monej eeuponthen 

"lad war, to be buill or pu 
^ or sea forces to t> nor appoint a comnuu 

"J-ooiei cf the army or navy, unless 'ni, 
the same; nor shall a question on any othei 
for adjourning from day to day be determine 
the votes of i majority of the United St 
assembled. 

The Congress of the United States shall have pov 
to adjourn bo any time .within the vear, and to any pi 
within the United States, so thai no period 
men< ** for a longer duration than the b 
months, and shall publish the journal of their] 
mga monthly, except such parts thereof relating to fa 
ties, alliances or military operations, as in their judgment 
require secreoyj and the yeas and nays of the delegates 
of each state on any question shall he ent the 

journal, when i< is desired by any delegate; and the del- 
egates oi a state, or any o( them, at his or their requ 
Shall bo furnished with a transcript of the said journal. 



138 Articles of Confederation. 

except such parts as are above excepted, to lay before the 
legislatures of the several states. 

ARTICLE X. 

The committee of the states, or any nine of them, shall 
be authorized to execute, in the recess of Congress, such 
of the powers of Congress as the United States in Con- 
gress assembled, by the consent of nine states, shall from 
time to time think expedient to vest them with ; pro- 
vided that no power be delega-ted to the said committee, 
for the exercise of which by the Articles of Confedera- 
tion, the voice of nine states in the Congress of t^e 
United States assembled is requisite. 

ARTICLE XI. 

Canada acceding to this confederation, and joining in 
the measures of the United States, shall be admitted 
into, and entitled to all the advantages of this union; but 
no other colony shall be admitted into the same, unless 
such admission be agreed to by nine states. 

ARTICLE XII. 

All bills of credit emitted, monies borrowed and debts 
contracted by, or under the authority of Congress, before 
the assembling* of the United States, in pursuance of the 
present confederation, shall be deemed and considered as 
a chaTge against the United States, for payment and sat- 
isfaction, whereof the said United States, and the public 
faith, are hereby solemnly pledged. 

ARTICLE XIII. 

Every state shall abide by the determinations of the 
United States in Congress assembled, on all questions 



I 

which by this confed 

the 

ob* cved by 

ual; nor .-I. ail b 

made in any of them, unl< 

in B I 

confirmed by th< 

Am, \\ 

the World to inclin< 

authorize us to ratify 
and perpetual I n 

KnoM V,'. n,.,i ire the qnd< v ; r . 

tue of the power and auth |mr _ 

• do by these pres. nts, In the 
our respective constituents, fully a 
oonfirm each and i 

»tion and perpetual Union, and all and mat- 

fcera and things therein .-. ntaii 

And we do further solemnlj t \ w 

faith of our respective constitu 
by the determinations of the United States in I 
assembled, on all questions, which by t! 
tion are submitted to them. And thai the arti 
thereof shall be inviolably observed by the s 
spectively represent, and that tl . shall Leper; 

IKll. 

^ In witness whereof, we have hereunto set our hands in 
Congress. 

Dope at Philadelphia, in the State of Pennsylvania, 
the 9th day of July, in the year of our Lqi and 

in the third year of the ^dependence of Ai 



140 Articles of Confederation. 

On the part and behalf of the State of New Hampshire. 

JOSIAII BARTLETT, JOHN WENTWORTH, Jun., 

August 8, 1778. 

On the part and behalf of the State of Massachusetts Bay. 

JOHN HANCOCK, FRANCIS DANA, 

SAMUEL ADAMS. JAMES LOVELL, 

ELBRIDGE GERRY, • SAMUEL HOLTEN. 

On the part and behalf of the State of Ehode Island and Providence Planta- 
tions. 
WILLIAM ELLERY, JOHN COLLINS. 

HENRY MARCHANT, 

On the part and behalf of the State of Connecticut. 

ROGER SHERMAN, TITUS HOSMER, 

SAMUEL HUNTINGTON, ANDREW ADAMS. 

OLIVER WOLCOTT, 

On the part and behalf of the State of New York. 

JAS. DUANE, WM. DUER, 

FEA. LEWIS. GOUV. MORRIS. 

On the part and behalf of the State of New Jersey. 

JNO. WITHERSPOON, Nov. 26, 1778. NATH. ■ SCUDDER, Nov. 26, 1778. 

On the part and behalf of the State of Pennsylvania. 

ROBT. MORRIS, WILLIAM CLINGAN, 

DANIEL ROBERDEAU. JOS. REED, 2d July, 1778. 

JONA. BAYARD SMITH, 

On the part and behalf of the State of Delaware. 

THOS. MKEAN. Feb. 13, 1770. NICHOLAS VAN DYKE. 

JOHN DICKINSON, May 5, 1770. 

On the part and behalf of the Slate of Maryland. 
JOHN HANSON, March 1. 1781. DANIEL CARROLL, March 1, 1781. 

Qn thepart and behalf of the State of Virginia. 

RICHARD HENRY LEE. JNO. HARVIE, 

.JOHN BANISTER, FRANCIS LIGHTFOOT LEE. 

THOMAS ADAMS, 

On, the pari and behalf of the Stale of North Carolina. 

JOnx PENN, July 21st, 1778. JNO. WILLIAMS. 

CORNS. HARNETT, 

On the part and, behalf of the State of South Carolina. 

II KXIfY LAURENS, RICHARD HUTSON, 

WILLIAM HENRY DRAYTON. THOMAS IIEYWARD, Jun. 

JNO. MATH FAYS, 

On the part and behalf of the State of Georgia. 

JNO. WALTON. 24th July, 1778. EDW. LANGWORTHY. 

LDW'I). TELFAIR, 

[Note.— From the ci renin stance of delegates from the same state having 
Blgned the Articles of Confederation at different times, as appears by the dates, 
it is probable they affixed their names as they happened to be present in Con- 
after they had been authorized by their constituents.] 



GLOSSARY OF LEGAL \\l> POLITICAL TEI ' 



11. . 

tlmritv. 



a.i Bonn th tig don ! 

A,, ' ,,;l ^- A i" ,i!i • 

Admwmthatob. ; . th( 

tteoi i deceased pen 
u executor. 
Admibalty. ti, . 

tlona connected with maritim. tn the I 

be district courts have jurisdiction L 
Aitoavi temenl .., * 

fore an officer autho 
Appibmation. A solemn declaration, i iImi! 

I'm- i«> take an oath, in pi ,,,), 

Al " v ^eWving in a country, bn 

belonging to another country. 
Allegiance. The fidelity due to the govenu 
A^ial. Relating to the tenure oi land, and in,, 
Umdsare held in fee simple, or with abeolnte ow, 
distinguished from feudal tenures. 
Ambassadob. A. person appointed by o, ment or ruler to 

be its representative in dealingor treating with ai 
ernment or ruler, at the residence or seat of the same S 
Minister. 

Appeal. To take a case from a lower to a higher court 
Appellate. Bj appeal. Supreme Courts have - appellate juris- 
diction of cases appealed from Lower a 
Abbitbatob. An umpire or referee, appointed by parties having 
differences, to s,>ttk> the s;niir. 

A ' : '" TICV "" V Tl " See Concilia 



tion. 



142 Glossary' of Legal and Political Terms. 

ARREST. The seizure and detention of a person, by a public offi- 
cer, on a writ or process. 

AjpREST of Judgment. An order by a court that no judgment be 
rendered in a case, because of error of law in the proceedings. 

Articles of Confederation. The first form of government 
adopted by the United States. 

ATTAINDER. Attaint, disgrace. A Bill of Attainder is a legisla- 
tive act punishing a criminal without any trial before a court 
of justice, and is forbidden by the Constitution of the United 
States. 

B. 

Bail. Security given for the release of a prisoner from the cus- 
tody of an officer, or the person or persons giving that security. 

Bailable. That may be bailed. 

Ballot. A ball or piece of paper or oilier thing used in voting. 

BANKRUPT. A person declared by a^roper court unable to pay his 
debts. One who fails in business. In England the term im- 
plies fraud. 

Belligerent. At war. A nation engaged, in war. 

Bill. A formal writing; applied especially to the draft of a law 
proj)osed to the Legislature for enactment. 

Blockade. The investment of a town by military force, in time 
of war, so as to prevent ingress and egress ; more especially 
of sea-ports, so as to prevent the arrival and departure of 
vessels. 

Breach of THE PEACE. Public disturbance of a criminal nature. 

BRIBERY. Giving money or some other consideration to jn'ocure 
desired legislation, a judicial decision, or other official action. 

c. 

CABINET. The Constitutional advisers of the President or of a 
Governor. 

•is. An official enumeration of the people, with a statement 
ment of their property, pursuits, etc. 
CHARTER. A written instrument; a grant from Government con- 
veying rigbts and imposing duties, as to a colony, corporation, 
city or village. 



Glossary <,/ I. ,,<.,, i : 

purposes. 

■•■ who holds* rt b 

ferenl countries, or diffi 
Commission Civil or militar 

the President 
Oomm 

mainly the sam< 
manj 
whenqu 

Courtff 

the two I 
Islative body. 

OOKCDBBEin I' :. , , th 
jurisdiction." 
I| " ,;v,l,,v Qovernmenl 
tain purposes under s league, and Lmplj 

ance than a union. 

ether,anai spoiled especially 

to the two bouses of the legislative body of tin- Unit- - 

nTUTION. Thai which stands; fundan ■ 

country, the General and Stat,- Constitute 

oments. In England there is no writtenCoi 
■ 0m\ i. an adviser. Persons appointed by the Pi 

ms advisers of mariners, travelers an.l others— American dt 

sens-in foreign cities, to hear complaints and • , uJ 

otherwise assist them, in need. 
Oowra m r a verba] or written agreement of a lawful char* 

between parties. 

D. 

toe againsl whom suit is brought. One who ap- 
pears In a court to defend or contest, in a suit. 



144 Glossary of Legal and Political Terms. 

Delegate. One empowered to represent others; a representa- 
tive. Delegates, however, are usually understood to have a 
more limited power or term of service. 

Department. A branch of government; as the Executive De- 
partment; the Judicial Department. 

Descent. As of property — transmission by inheritance. 

Disfranchise. To deprive of the rights of citizenship. 

Domicil. A person's legal residence. 

Duty. A tax levied on imports. 

E. 

Elector. One entitled to vote. 

Electors. Of President and Vice President; persons chosen in 

each State to make said election. 
Eligible. Applied to one who may lawfully be chosen to office. 
Embargo. A restra.nt or detention by government of vessels 

from sailing out of port, from apprehension of war, or other 

danger. 
Enjoined. Commanded; also, forbidden or restrained, as the 

collection of taxes. (See Injunction). 
Equity. A term applied to courts and judicial proceedings, de- 
signed to secure justice in cases not covered or reached by 

law. 
Estate. The right or interest which one has in property. Ileal 

estate is an interest in land, or other realty, as a mill, mine, 

path, waterfall, etc. Personal estate is a right or interest in 

goods, merchandise, or other movable property, or in debts 

and credits. 
Excise. A tax on anything made, used or sold. As an excise on 

pianos; on whiskey when distilled; on goods sold at auction, 

etc. See imposts. 
Executive. Doing or causing to be done. One empowered and 

required to execute the laws. The President, or a Governor, 

is called the executive. 
Ex Post Facto. Applied to a law that makes an act punishable 

which was not so when it was done. Such laws are forbidden 

by the Constitution of the United States. 



tal and I 

v. 

I i i I i i i) on in i Land heuj on ■ 
Bimpli An unconditional, i 
bed from f< 
i » 1 1 « * convicted ol 

l''i.i dai i 

I i i DAI i i ' I I 

tain | 

mi. 1 .1 on; thecl 

l''i:i i hold. I,'' :ii estate hi Id 

1- l.l I imi .in i: ( >n.- u qo hold. 



(.o\ i RNM1 m 'I 

fleers w li<» administer them. 
Qb \m> -ii RY. A numb 

than twenty four, tamm i 

wise, to enquire into the <-<>mi! 

risdiction. They find Indictnn 

and present them for trial. 
Grant. A transfer of land, more particuli 

If. 
11 m;i \- 1 " i; iM ri Kl , v,»u may have th< i 

party, especially a prisoner 

be determined If he be Legally held, and 
Hi it;. One who receives, <>r La to i 

death of its owner; in the latti 
Eohestead. A dwelling with the lot or farm surroundii 

Eomesteads are free, on public lands, <>n <■« rtain conditi 

I. 

Impair. To detract from, to make worse, or leas favorable; i 
impair the obligation of contracts. (Con. \\'\* .. Art. I.fi 
J. 



146 Glossary of Legal and Political Terms. 

Impeach. To charge publicly and legally with a high offense. 

IMPEACHMENT. The act of impeaching; especially a public of- 
ficer, that he may be removed from office if found guilty. 

Import. To bring goods into the country, under the laws of com- 
merce. 

Imports. Goods brought from other countries. 

Imposts. Duties or taxes imposed, especially on imports. 

Inalienable. Not to be taken away, not transferable. 

Indictment. A written accusation of crime made by a grand jury. 

Injunction. A form of writ issued by a Court commanding some- 
thing to be done, or more generally not to be done. 

Inquest. An inquiry or examination by a jury. 

J. 

Justice oe the Peace. The lowest judicial officer — empowered 
to try minor offenses and claims. One or more is usually ap- 
pointed in every town. 

Judge. A judicial magistrate higher than justice of the peace. 

Judgment. A determination or decision by a court or judge. 

Judicial. Pertaining to judges, or courts of justice. 

Judiciary. The branch of government consisting of the judges 
and courts of justice. 

Juror. One serving on a jury. 

Jury. A body of men under oath, to give a verdict or make an 
inquest. 

L. 

Law. A rule of action, especially as prescribed by the State, 
through its legislature. 

Legislature. The senate and representatives of a State or Na- 
tion. Those empowered to pass and alter the laws. 

Letters op Administration. Written legal authority to ad- 
minister on an estate. 

Letters of Marque and Reprisal. Written authority from 
government to seize the property of an enemy, especially ves- 
sels and cargoes. 

Levy. To raise or apportion, as taxes or troops. To seize prop- 
erty on execution or in payment of taxes. 



pf Legal and P 



M. 

Mam.xmi - w . command. A form of en 
ooarl of justice, - landing offl< 

■.<: act 01 'lut v. 

i i N '' Relating to the tea, or naval uridine 

conrtfl or jurisdiction. 
M \i: ii \i An mi ,,f ,]„. United SttJ 

similar to i - beriflT. 
mesne Pro i ss. Middle or 
proi - hi :it law, 

Militia. The citl* ate liable I 

tot 
MniiBT] i; a m nrant, particularly one nntrj 

in i fan ign land, an ai 

ry nave ■ biglier rank than min 

In England the offloen of 1 1 * - - hi i oalled 

Jiiini- 

Mobtg \* i A conditional convey a nce ol [Jrop< rtj . >:, dm : ;i i: 
• •ii i.) secure the pa} meu1 of debt 

N. 
N m« RA] ratios The actor method bj irhich ai 

a citizen. 

Neutral. On neither side, in time of war. 
Nl1 [Ram Nations taking no part or aide in .oth- 

er nations. 

ff Compos Mbntib. Not of sound mind. Miotic. Insane. 
O. 

Oath. A solemn promise, before God, made to a court or magis- 
trate, to tell the truth, or declaration thai the truth has 
told. 

OFFENSE. Any violation of law. 

Oni, i k. () nr empowered to act tor government in a civil or mil- 
itary capacity. 



148 Glossary of Legal and Political Terms. 

P. 

Perjury. False swearing. (See oath). 

Plaintiff. One who commences a suit at law. 

Port. A place or town, generally on the sea, to and from which 
goods may lawfully be carried in foreign commerce. 

Preamble. Something going before, — an introduction to a docu- 
ment — and generally assigning reasons for what follows. 

Precinct. A division of territory. An election district. 

Prima Facie. Upon first appearance 

Probate., The legal proof of wills. 

Process. A writ, or other legal instrument compelling the attend- 
ance of a party as a defendant in a suit, or witness in a case 
or inquest. 

Proprietary. A term applied to the mode of the government of 
some of the American colonies, as Pennsylvania. Wra. Penn 
was the first " Proprietor " and Governor of that colony. 

Prosecution. The act of instituting a criminal suit in court. 

Pro Tempore. For the time being. 

Provincial. A term applied to the mode in which some of the 
American colonies were governed, and implying that they were 
held and governed under the King of England as provinces. 
Hence the government was also called " royal." 

Q. 

QuORyM. The smallest number of a legislative or other body that 

can transact business. 
Quo Warranto. By what warrant. A form of writ, citing a 

party before a court, to show by what warrant he exercises 

a certain office, etc. 

R. 

Rebel. One who opposes the government under which he Jives, 

or takes up arms against it. 
REPRESENTATIVE. One who represents. Particulary a member 

of the lower house of a Legislature, or of Congress. 
REPRISAL. (See Letters of Marque and Reprisal.) 



i <>/ Legal and / ,,.. 149 

1 ,: ' ■" * I orernmenl In which nil the oMs . tl and 

have i common Interest. A ooonn 

The ln< 
etc. 

B. 

ii. The upper hoa 
Serator. a mem] 

tricts than Be] 

the States ■ - such, from which thi 
State. The bodjr politic ol i 

01 Prance; but 

be united and. 

State. 

V. 

i.i Holding, as of land or i 8 
Traitor. One g tiltj ol 

Ive opposition to :lltry 

^treason consists In lei 

giving aid and comfort to Its • 
Treaty. An agreement or compact bet* 

or sovereigns. 
TRE8PA88. An illegal act, committed writ 

Hn- rights or property of another. 
Tribi nai a Beal or court of justice. 

I . 
Dnai ii n lbj b. Bee inalienable. 

tJRCONSTiTunoNAL. No, i„ accordance with the Constitution of 
the Stato. or of the United States. 



V. 



An abbreviation of persus, meaning against, used in designat- 
ing the opposite parties to a suit. 
K. 



150 Glossary of Legal and Political Terms. 

Verdict. The unanimous decision of a jury, in any case tried 
before them. If a jury does not agree it can render no verdict. 

Veto. Literally, " I forbid." It signifies the refusal of a Gov- 
ernor, or of the President, to approve of a law passed by tha 
legislative body. The power to refuse is called the " veto 
power." 

Viva Voce. By the living voice; orally. 

Vote. To express choice as a citizen or voter, at an election or in 
a legislative body. Voting may be done in some cases viva 
voce, or by rising in place. In others, it must be by ballot. 

w. 

Warrant. Written authority from a court to an officer to per- 
form some act; especially to arrest a supposed criminal. 

Writ. A writen instrument, issued by a court or magistrate, to 
some officer, commanding or forbidding something to be done ; 
as a writ of entry; a writ of election; a writ of error; a writ 
of injunction, etc. 

Writ of Error. A writ authorizing a court to bring before it a 
record of the same or some other court, to determine whether 
there is any error in the same or in the proceedings thereon, 
and if so, to correct it. 

Writ of Election. A writ issued to an officer or officers to give 
notice of some election to be held. 



Note.— On page 33, in 4th line of Article VI, and in the questions on the 
ean.e, on next page, for " Conferation " read "Confederation." 

On page 96, in Section 4, and in questions on the same, for " authentici- 
tated" read "authenticated.'" 



INDEX TO CONSTITUTION OF THE UNITED STATES. 



ituti..n <>f (!■'• United sr.tr- . ?M ^e 13 to 43. 

A 

I 
' titk 
inul credit in othi IV 

■'/it ///\liil!,. \ 

which have boon 

Appoint tm nts to 1 II 

Apportionnu nt \ i i 

Appropriate I 

Approi I 

and support I 
J////>'. right of people !•• !*• i p and tx at 

•/,, iMMipie i 

Attainder bill of, prohibited to t I 

prohibited t<> the 5 I 
of tn '-"ii shall Dot 

are, except durii III 

B. 

Jitiil, excessive not reqalr I III 

Bankruptcy law$ in be uniform I 

Dill* for rat prSMfttfr 

lives I 

re thi 

proved by the President : or. if d 

by two-thirds oi each hi | 

not returned in ten days, u 

shall be lavt - l 

Borrow moi ■ ■ I 

I 

Capitation tor, apportionment of I 

Csnsvs, or enumeration, to be made every b 

..•>• of each State shall !><• entitled to ih<- i 

ties of citizens in the several - IV 

who arc, 1 1 tih amendment, section I, ]>. n \. 

Claim.*, no prejudice to certain .... .. IV 

of the! nlted States, or of tl not to l*- pn-ja- 

diced by any construction of the Constitution 

no trade, regulations respecting 

Coins, Congress to Ax value of foreign 1 i 

C'onun< tret . Congress to regulat 

regulations respecting to be equal and nnifbrm I I 

Commissions to be granted by the President II 

Common law recognized and established, iTth amendment, p. 88) 

Congrsst vested wiiii power I l 

may alter the regulations of State Legislatures concerning 
rods of Senators and Representatives, 

choosing Senators I 4 

■hall assemble once every year I -i 

officers of government cannot be members <>f I t; 

may provide for cases of removal, death, etc., of President and 

v ice President II l 

nay determine the lime of choosing electors of President and 
Vice President , II l 



152 Index. 

Congress— continued. .Art. See. 
may invest the appointment of inferior officers in the President 

alone, in the courts of law, or the heads of departments II 2 

may establish courts inferior to the Supreme Court Ill 1 

may declare the punishment of treason Ill 3 

mav prescribe the manner of proving the acts and records of 

each State IV 1 

to assent to the formation of new States IV 3 

may propose amendments to the Constitution or call a conven- 
tion V 1 

to lay and collect duties I 8 

to borrow money I 8 

to regulate commerce I 8 

to establish uniform laws of bankruptcy and naturalization I 8 

to coin money, to regulate the value of coin, and fix a standard 

of weights and measures I 8 

to punish counterfeiting , I 8 

to constitute tribunals inferior to the Supreme Court I 8 

to define and punish piracies, felonies on the high peas, and of- 
fenses against the laws of nations I 8 

to establish post offices and post roads I 8 

to authorize patents to authors and inventors I 8 

to declare war, grant letters of marque, and make rules con- 
cerning captures I 8 

to raise and support armies I 8 

to provide and maintain a navy I 8 

to make rules for the government of the army and navy I 8 

to call out the militia in certain cases I 8 

to organize, arm, and discipline militia I 8 

to exercise exclusive legislation over seat of government. I 8 

to pass laws necessary to carry the enumerated powers into 

effect I 8 

to dispose of and make rules concerning the territory or other 

property of the United States IV 3 

President may convene and adjourn in certain cases II 3 

Constitution, how amended V 1 

laws, and treaties declared to be the supreme law VI 1 

rendered operative by the ratification of nine States VII 1 

Contracts, no law impairing I 10 

Conventions for proposing amendments to the Constitution V 1 

Counterfeiting, Congress to provide for punishment of I 8 

Court, Supreme, its original and appellate jurisdiction Ill 2 

Courts inferior to the Supreme Court may be ordained by Congress. . I 8 

....do do ni 1 

Crimes, persons accused of fleeing from justice, may be demanded. . . IV 2 

how to be tried Ill 2 

Criminal prosecutions, proceedings in cases of Ill 2 

D. 

Debts, against the confederation to be valid VI 1 

Duties to be laid by Congress, and to be uniform 1 8 

further provisions respecting I 9 

cannot be laid by t he States I 10 

on exports prohibited I 9 

on imports and exports imposed by States shall inure to the 

treasury of the United States I 1 

E. 

Elections of Senators and Representatives shall be prescribed by the 

States I 4 

Elections, qualifications and returns of members of Congress to be 

determined hv each house I 

Electors of President and Vice President, how chosen, and their duties II 1 
altered (see 12th amendment, p. 39.) 

to vote the same day throughout the United States II 1 

no senator or representative, or public officer, shall serve as II 1 

Enumeration every ten years I 2 

Executive power vested in the President (see President) II 1 



Tnd 153 






in 

9 



I 

prohibited • I |f 

I 

IV s 

Jr«! Iv 2 

H. 

Inraaion. t n 

7/'/" 

I | 

tried ' 

Judgment on 

allcivl ,| j 

JmporUUio j J 

.1. 

m 



• 



IV 
Jury !. and *ball »«■ held in 



1 
1 
8 

1 



red, and whall be 

kIkiII Ii . 

fUrthei 

Becurcd 

Hlmll exceed twcni 

!.. 



Ill 



M 1 
II 3 



Law, what 

. authority U) inak j 

T fi 

i to be called onl 
to be officered b 
to be commanded by t he I'm sddenl 



I - 
I I 



shall be drawn from tb, ,.„/ j 

to coin and i 
Mat.- cannot make . 

inform rules of. . T ■ 
Navy. Congress to provide and govern 

Nobility, titles of; Bhall not be granted by the Vi q 

nor i>y the Btatea J jjj 

^i ?£ n '° 1,OUSi ; of Repreaentativee shall be choeen by the House I 2 
of the Senate Bhall be chosen by tbe s, • { 



civil. 



may be removed by impeachx ji 4 

Vni, r of onehonse requiring the concurrence of the othc r 

Oath of the President T i i 

of tbe public officers VI i 



154 Index. 



P- Art. Sec. 

Pardons, President may grant II 2 

Patents to be granted to inventors I 8 

Petition, right of (1st amendment, p. 36.) 

Persons held to service or labor, their importation or migration into 

the United States may be prohibited after 1808 .. 19 

escaping from one State to another shall be delivered up to those 
entitled to service IV 2 

Piracy Congress to prescribe punishment for I 8 

Post offices and Post Roads, establishment of I 8 

Powers not delegated to Congress nor prohibited to the States are re- 
served (10th amendment, p. 38.) 
legislative. (See Congress.) 
executive. (See President.) 
judicial. (See Judicial.) 

Presents from foreign powers to public officers prohibited I 9 

j-'ress, freedom of (1st amendment, p. 36.) 

President of the TJ. S. vested with the executive power II 1 

shall be chosen for four years EC 1 

how elected II 1 

same (12th amendment, p. 39.) 

qualifications for II 1 

who shall act in case Qf vacancy II 2 

compensation of II 1 

shall take an oath of office II 1 

may be removed by impeachment ., II 4 

President, commander of army, navy and militia «. II 2 

may require the written opinions of the heads of departments. . II 2 

may reprieve and pardon II 2 

may make treaties with consent of the Senate II 2 

may appoint to office with consent of the Senate II 2 

shall fill up vacancies happening during the recess of the Senate II 2 
shall give information to Congress and recommend measures ... II 3 

may convene both houses or either house II 3 

may adjourn them in case of disagreement II 3 

shall receive ambassadors and public ministers II 3 

shall take care that the laws be faithfully' executed II 3 

shall commission all officers II 3 

Privileges and immunities of members of Congress I 6 

of citizens. (See Citizens, also Bights.) 

Property, Congress to provide for care of public IV 3 

shall not be taken for public use without just compensation, 
(5tn amendment, p. 37.) 
Public Debt, not to be questioned. (14th amendment, sec. 4, p. 43.) 

Punishment, cruel and unusual, prohibited (8th amendment, p. 38.) 

Q. 

Quortim for business, what shall be a I 5 

of States in choosing a President by House of Representatives. . II 1 
Quartered, no soldier to be quartered on a citizen. (3d am't, p. 36.) 

R. 

Receipts and expenditures, accounts of to be published I 9 

Records, how to be authenticated IV 1 

Religion, no law to be made, free exercise of (1st amendment, p. 36.). . . . 

religious test not required VI .. 

Reprieves granted by the President II 2 

Representatives, House of, composed of members chosen every second 

year I 2 

qualifications of voters I 2 

qualifications of members I 2 

apportionment of I 2 

vacancies, how supplied I 2 

shall choose their officers I 2 

shall have power of impeachment . v I 2 

shall be the judge of the election and qualifications of its mem- 
bers I 5 



1 5 
I 5 



1 ft 



Index. 

Art «~ 
\\ h I j g 

thai] keep .i journal :m<l p 
■■. m Ithoul i) 

compi t^al Ion h 

ball not he q 

■ball noi - 1 

and <! , 

bj r\,-, nt ix . - author! I . I 

to undergo t In' fori l 

Dill j 

I I In | 

dom ol -p. ech and of lh< 
em Me and pctltioi 
to keep and lx . 
to be exempt from the q 

I 
to be free from u 

indictment oi a Jurj 
not to be twice Jeoj 
not to he compel] -I to I 
not to be deprived ol life, lib, rt; 

■ ol lav 
private propertj not to I 

in criminal prosecution*, -hull « nj.»v il imedT trial 

. bj Jury, with all thru, 
in civil caeca, trial lo be hj a |urv, . 
ed according to common Ian 

csslve bairBhajl not berequin 
cruel or unuaoal puniahmeut 
enumeration of certain rights ahall 

I IlMIIs 

aach honee ahall determine ita own ....... i 

a 

»«»/, exclusive legislation I r 

ccurityagaii 
Senate, composed of two Senators fn j * 

hOW Chosen. Classed, and term* o 

I 

I 

3 



. v uuiuubvu Ol I\XO,>CI)!ll|i|> I mm eaeh Mate 

low chosen, classed, and terms ol 

lualificatiuns of Senators 

nce-Presidcnl to be President of the . W 

shall choose th.-ir officers 

Bl be lbe ,ho j,uI,uV ol Uu> |,,,r,i,,n - ni " 1 »«*Micai . , m- 

v. h u numbi r sh'ii! hi <\ quorum 

any number may adjourn and compel the attendance 

nia> determine its rules WWW'.' I 

ma\ punish or expel a member ..'.WW 

anal) keep a journal, and publish the same, except paru'reo'uir- 

uil: secrecy * 

shall not adjourn for more than' three dayal ' nor to an'v other 

other place, without the consent of the other house , I 5 



I 

5 

5 
I 5 



156 Index. 



Senate— continued. Art. Sec. 

one-fifth may require the year and nays I 5 

may propose amendments to bills for raising revenue I 7 

shall try impeachments ? I 3 

effect of their judgment on impeachment I 3 

compensation to be ascertained by law I 6 

privileged from arrest I 6 

not questioned far any speech or debate I 6 

shall not be appointed to office I 6 

Senator shall not be elector II 1 

Senators and Representatives, elections of, how prescribed I 4 

Slaves, their importation may be prohibited after 1808 I 9 

escaping from one State to another may be reclaimed IV 2 

Slavery and involuntary servitude abolished except for crime, (13th 

amendment, p. 41.) 

Soldiers not quartered on citizens, (3d amendment, p. 36.) 

Speaker, how chosen I 2 

Speech, freedom of, (1st amendment, p. 36.) 

Slates prohibited from— 

entering into treatj - , alliance or confederation 

granting letters of marque 

coining money 

emitting bills of credit 

making anything a tender but gold and silver coin 

passing bills of attainder, ex post facto laws, or laws impairing 
coutracts 

f [ranting titles of nobility 
aying duties on imports* and exports 

laying duties on tonnage , 

keeping troops or ships of war in time of peace 

entering into any agreement or contract with another State or a 

foreign power 

engaging in war 

States, new may be admitted into the Union .' „* 

may be formed within the jurisdiction of others, or by the junc- 
tion of two or more, with the consent of Congress ana the 

Legisl atures concerned ~, *. 

State Judges bound to consider treaties, the Constitution, and laws 

under it, as supreme .• 

State, everv, guaranteed a republican form of government, protected by 

United States „ IV 

Supreme Court, (See Court and Judiciary.) 

Suits a,t common law, proceedings in, (7th amendment, p. 38.) 

T. 
Tax, direct, according to representation 

shall be laid only in proportion to census 

Tax on exports prohibited... '. 

Tender, what shall be legal '. 

Territory, or public property, Congress may make rules concerning.. 

Test, religious, shall not be required 

Titles, (See Nobility.) 

Title from foreign State prohibited 

Treason defined 

two witnesses or confession necessary for conviction 

punishment of may be prescribed by Congress.: 

Treasury, money drawn from only by appropriation 

Treaties, bow made . . , 

the supreme law 

States cannot make 

V. 

"Vacancies happening during the recess may be filled temporarily by the. 

President 

in representation in Congress, how filled -. 

Veto of the President, effect of and proceedings on 



I 


10 


I 


10 


I 


10 


I 


10 


I 


10 


T 


10 


I 


10 


I 


eO 


I 


10 


I 


10 


I 


10 


r 


10 


IV 


3 


IV 
VI 


3 



I 


2 


T 


'.» 


I 


9 


T 


10 


IV 


3 


VI 


•• 


T 


9 


in 


3 


in 


3 


TIT 


3 


T 


9 


II 


2 


VI 




I 


10 


IT 


2 


I 


2 


1 


7 



I 

Art. S*e 

Will I.I..I I...I 



how eli 
amend m 



II 1 



Bhall In , r 

i 



mni i"' 1 1 in. 

ool in be den 

W 

j 

IHl : 1 1 1 1 . • n > 1 1 1 1 • 1 1 T . |. 

rrUneti In rrhiiln 

Bth i -11(1111. mi. p 

Weight j 

| 

pi entered o I 



II 4 



INDIA" TO CONSTITUTION OF WISCONSIN, 

'■ The ConetltiiHon ol V 

iiiMin Ision 8). . . \- a 

in of 

he continued ;v j 

.n.l rnjm pr. 

intents lo Constitutfon, how i i , i 
Apportion* 

ol Senators and Menihcri • " v n 
A»t«mbly, number of memlw n 

members of, w hen and hm ry 

'*. h..w to be boun iv 1 

SUte divided lnt< v . - n 

Attaimh r, no bill of, to be panned Al \ i 



r, iii« mil or, io i>.' panned 

,,, °* treason, not to work corruption of bl i '.'.'. 

Attorney, Bnitors maj prosecute and dcf< 

Attorney* District, when and how rhnnen n.,.1 t 

AUorntvOeneral, when and hov J-j 

toheoneol School Land i x ' , 

Auditor, Secretarj of State to I m .i 

B. 

JB»tf, excessive, shall not be required t ■ 

all pereons bailable before conviction, etc '...'.I'.'.'. 

van** and Banking Associations, how may be incorporal ' \i I 

^^ how vote on, to be submitted to people ' \{ ;> 

Betting on election to disqualify as electoY m , 

Mi lis in Legislature, nol to embrace more than one subject.....! IV 18 

IV 19 

V HI 



may originate in either Bouse tv 

■l.-l i..i. ..I' / • 1 ' 



action of Governor on ... 

If vetoed, how proceed 

when bills become laws without Governor 



V l«) 

»««,»." ~«"«*T" ? uc *-""" , y »«wb wunouc uovernor'8 ignature V 10 

Boutin, "ImV'S UD Terrltorl,U *<"*n"*ent, *> remain valid XI v A 



158 Index. 

C Art. Sec. 

Qenfus, of Stale. IV 3 

Certificate of State Debt, when may be issued . VIII 9 

ChieJ Justice, one of Judges of Supreme Court to be VII 7 

Circuit Courts, powers vested in VII 2 

powers and jurisdiction of VII 8 

terms of VII 11 

clerks of, to be chosen in each county VII 12 

Circuit Judges, to be Judges of Supreme Court VII 4 

to be elected for each circuit, and to reside therein VII 7 

one of to be designated as Chief Justice VII 7 

to be classified VII 7 

vacancy in office, how filled VII 9 

not to be elected within thirty days of a general election VII 9 

salary of VII 10 

not to receive fees or hold any other office VII 10 

who eligible to office VII 10 

may hold courts for each other VII 11 

may be removed from office, and how VII 13 

Cities, Legislature to organize and restrict powers XI 3 

Citizens and aliens equal as to possession and enjoyment of property. I 15 
Civil Actions. (See Actions.) 

Clerks of Circuit Courts, to be chosen in each county VII 12 

if vacancy, judge to appoint VII 12 

to take oath and give security VII 12 

Clerk of Supreme Court, to be appointed by court VII 12 

Colleges may be connected with University ! X 6 

Commander-in-Chief Governor to be V 4 

Commissioners, to revise and simplify rules of practice, to be ap- 
pointed VII 22 

Commissioners of School and University Lands, who to constitute 

board of X 7 

to take security on land sold X 8 

to execute conveyances X 8 

may withhold lands from sale X 8 

shall invest School and University funds X 7 

Common Law, to continue part of the law of the State XIV 13 

Common Schools. (See Schools.) 

Compensation of members of Legislature IV 21 

extra, never to be granted by Legislature IV 26 

of public officers, not to be increased or diminished IV 26 

of Governor V 5 

of Lieutenant Governor V 9 

Conciliation, courts of, their powers VII 16 

Congressional Districts XIV 10 

Conscience, rights of I 18 

Constitution of Wisconsin— 

oath to support, by whom to be taken IV 28 

how to be amended . ., XII 1 

copy of to be forwarded to President XIV 8 

when to be submitted for ratification or rejection XIV 9 

who entitled to vote for or against XIV 9 

Contracts, State not to pass law impairing obligation of I 12 

no member of Legislature or State officer to be interested in cer- 
tain IV 25 

Conviction, not to work corruption of blood I 12 

Coroner 8, when and how chosen, term of office VI 4 

Corporations not to be created by special act, except in certain cases. XI 1 

banking, how may be incorporated XI 5 

laws relating to may be altered or repealed XI 1 

Legislature to provide for incorporating villages, and to restrict 

their powers. (See Villages) XI 3 

Counties, to be but one system of government for IV 23 

when not to be divided except by vote of the people XIII 7 

County Courts, judicial power vested in VII 2 

County Judges, (probate) how elected, and term of office VII 14 

probate, office of, may be abolished VII 14 



Art. %*,. 

County 9 

Count 

('nun' I -•)•- 

lativi 

C.nni VII * 

To,/,/, | I I 

I 

committed • IV 4 

\ 1! 17 
commenced and< i \ t 

D 

public, when. ho* '• '" •» 

«rinlilv, In ' 

•IV Id 

Bel i. to ( 

ool fund . . 

IV *4 

Education, how provided for .. 
I tovernor ma} 
how made hj !.•• /i-l itti IV 30 

ral, when to be held ... \ III 1 

when and bo* lob . . . \!\ •.» n 

ualiflcations of ... 
who disqualified from b 

residing on Indian land 111! 5 

Enacting i fai > . pro> ieioi - • • i • n 
Enumeration, of inhabitants providi IV 

Equity, how testimony taken in >ii v» 

Error, writs of, not to be prohibited 

its, to State from defect of heirs 

/•v.-. ssh-, bait, not to be required • I 

Executivi pou>sr, vested in Governor • V 

ption, of propertj from forced sale I H 

it/acto law, not to be past I 12 

I" 

convicted of disfranchised ITT S 

tana forfeit* jive not to be impoa I I 

reserved in grants of land void I 14 

to become pari of school fund 

accruing to Territory to inure l 9 XIV 3 

Forfeit ure«, of estates, conviction not to work I li 

iranteed to all persona I l 

to members of Legislature IV 16 

JPStndt, school (8k i 

■l elections, when to be held. XTTT l 

EecutiTO power vested to, and term of office v i 

who eligible»to office .* V 2 

when and how elected V 8 

his powers and duties V 4 

hia compensation \ I 

may grant reprieves, etc v 6 

when powers and duties devolve on Lieutenant Governor V 7 



160 Index. 

Governor— continued. Art. Sec 

his powers in approving bills V 10 

may remove certain officers VI 4 

his* official acts, how authenticated XIII 4 

first elected, how long to hold office XIV 14 

Grant, of lands, reserving rent, duration limited I 14 

of lands, not to be prejudiced II 2 

Great seal, Legislature to provide, and who to keep XIII 4 

H. 

Habeas corpus, privilege not suspended I 8 

Highivays, certain rivers to be common IX 1 

I. 

Impeachments, Ilouse of Representatives to have power VII 1 

Imprisonment, for debt on contract, not to be I 16 

Indians, when qualified electors Ill 1 

Indictment, how to conclude VII 17 

Infamous crimes, to preclude right of suffrage Ill 6 

to hold office XIII 3 

Insane persons, disqualified from voting Ill 2 

Internal Improvements, not to contract debt for Ill 10 

State to sell lands granted in aid of. (Resolutions, p. 112.) 

J. 

Journ als, of Legislature to be published IV 10 

Judges, election, term of office, etc VII 7 

may be removed VII 13 

Judicial 'Power, where vested VII 2 

Legislature may vest in certain persons VII 23 

Judicial officers, in relation to impeachment of VII 1 

Judicial Circuits, division of VII 5 

limits may be altered VII 6 

Judge to be chosen from each VII 7 

when Judge may hold court in other circuit VII 11 

Ju ry, right of trial by and how waived I 5 

when may determine law and fact I 3 

Justice, howit should be obtained -. I 9 

Justices of the Peace, judicial powers vested in, term of office I 15 

I*. 

Land, tenure of, etc I 14 

title in Territory to vest in State IX 2 

no change of title XIV 1 

granted to State, how disposed of, (Resolutions, p. 112.) 

Lands. School and University, how proceeds used X 2 

Larceny, persons guily of disfranchised in 6 

Laws, how passed IV 

ex post facto, not to be passed I 12 

styleof.. IV 17 

not to be enacted except by bill IV 17 

local not to embrace but one subject *• IV 18 

not in force till published VII 21 

what to be passed by yeas and nays — VIII 8 

of Territory when to expire • XIV 2 

common law now in force to continue XIV 13 

Leases, of agricultural lands, jtime limited .■ I 14 

Legislature, number of members IV 2 

powers and duties IV 

who eligible to TV 6 

each house to be j udge, etc IV 7 

determine rules IV 8 

choose officers-. IV 9 

publish journal IV" 10 

where and how often meet IV 11 

members not to be appointed to civil offices IV 12 

who ineligible IV 13 

how members to vote in elections IV 30 

when may borrow money VIII 7 



B* 161 

LtfflskUurt contlo A _ 

to.]. 



lsqitl 



IV 1 



ior. how ai n 

\vl, 

to bo President ol 
to have o 

Co 

Islaturc do! i 



:\ 



JHiiJorih/ of . 

ndnu'iitH i 






\ i r 1 

VII II 

iv •• 
lurw and when cho ra 

who el , v | 

1 

W lio lll'll ... ... 

when 

not liable for words ppoki n 

com|x'i)H.ilion of 

mile 

when 

Itrmh, r* ot < 

Iff .•"'■' > ' 

IV 1 

Munici/ml ch ,' , f 

jurisdiction to be Hi ^ ! 

judgea of, to be i vn ;, 

\ 
Nav\qaDlt Wat«r» % certain to become highway* iv i 

»ns disqualified from rotii - 

OaM*. of members of Legislature and executive and Indicia] rv K 

by whom may 1><- admin YI , 
», elective of Legislature ... 

how to be elected in countic*, towi Xill 

holding office nnder the Unit, s IV 5 

countv and town, nnder Territory, how long to hold \ v 

State first elected, how long to hold oil 

3 



t, who disqualified from holding XIII 

when Legislature may declare vacant, and manner of filling!.'!! xill 
P. 

ftirdonf. Governor may grant v . 

», every one entftled to a certain remedy' in the j v. 
military to be in subordination toelvU 
rre-etnpfion, to aettlera on canal lands, to be granted, fn 

, Lieutenant Governor to be v R 

his compensation 

Prut, freedom o( 

fifcffcfj for r" V' °i £ tate and Legi«»«tnreto be' let to lowest bidder '. '. I 
mvUegea, of the debtor, to enjoy the necessary comforts of life, t< 

recognized [ « 



162 Index. 

Privileges — continued. Art. Sec 

of members and officers of the Legislature IV 15 

banking not to be granted by Legislature, except, etc XI 1 

Procees, style of and how issued VII 17 

issued under authority of the Territory to remain valid XIV 4 

Property, private, not to be taken for public use without compensa- 
tion I 13 

a reasonable amount to be exempt from sale on debt I 17 

of Territory to vest in State MTil 9 

do do XIV 4 

not to be tvken by municipal corporation without consent, etc. . XI 2 

Prosecutions, criminal, how carried on VII 17 

Publication, of laws and judicial decisions VII 21 

Public hist ruction , (See Superintendent of Public Instruction, Uni- 
versity, Schools) X 1 

Public lands which accrue to Territory to vest in State, (see School and 

University Lands,) IX 2 

Public property, of Territory to vest in State IX 2 

Punishment, cruel amd unusual not to be inflicted I 6 

Q. 

Qualifications of voters at election LU 1 

of members of Legislature IV 6 w 

of Governor .' V 2 

Quorum, what shall constitute in each house IV 7 

do do VIII 8 

do in Supreme Court VIE 4 

R. 

Recognizances, executed under Territorial government to remain valid XIV 4 

Penister of Deed*, when and how chosen, and term of office VI 4 

Religion, constitutional provisions relative to I 18 

Religious test, not to be required as a qualification to office I 19 

belief of witness not to render him incompetent I 19 

societies, no money to be drawn from treasury for support of. . [ 18 

Removal, from office in case of impeachment VII 1 

of what officers may be made by Governor VI 4 

Repeal, of acts of incorporation " XI 1 

Reprb ves, Governor may grant V 6 

Resolutions, appended to Constitution of Wisconsin, (p. 112.) 

Revenue bills, constitutional provision concerning VIII . 

Rights, of the people to be secure in their persons, houses, etc I 11 

of the acoused I 7 

equality of and how secured I 1 

of the people to assemble and consult, and to petition I 4 

of worship not to be infringed I 18 

to continue as if no change in government XIV 1 

Rivers, navigable to be common highways IX 1 

S. 

Schedule, of Constitution XIV . . 

Schools, district, Legislature to establish X 3 

to be uniform and to be free X 3 

no sectarian instruction allowed therein X 3 

annual tax to bo raised for the support of X 

School Junds, what to consist of X % 

to remain separate and perpetual X 2 

how interest to be applied X 2 

how distributed X 2 

School and University Lands, of what to consist X 2 

who to sell * * 

purchase money of how secured X o 

Scrip. State, not to be issued except in certain cases v 111 9 

■Seal of Male, who to keep XIII 4 

what acts of Governor to be authenticated thereby XIII 4 

Smmev, not to be deemed residents DI 5 

Searches and Seizures, constitutional provision relating thereto I 11 

Search Warrants, when and how issued I H 



Tnd 

Art. fl tr 

Sent of Gorrrnrn'Tif. u i ■ 
Secretary of State, m bet 

when and vr i 

liin duties, unci i. • VI 1 

t" DC • of < 

XIII J 

JY 1 

hintrlrte, I,. IV _►, 

divided Into \iv ^ 

sheriff, when and how ■ ' \ [ j 

In ho 1<I mi other "Ml. ,-. uiid i: Y| I 

Slavery, doi 

Soldiers, no i to be deem III | 

: 

II | 

not to int. i : II Z 

lior v ., r . n a 

credit of, ik. i to rontrnrl <l. >hl \ m g 

so vere I en t y a nd I | 

- Debt, w ben n 
not i" ! , . :i 10 

8lat4 Superinfendt I 

term of "i. d \ i 

to be « omi 

Stationery, r< . !„• i.-t to ]..v i 

A|fo i 

■ I wi n- and i \ II 1? 

Suffrage, lawn maj be p . Ml ,, 

tax on VH IB 

endertt qf 1 
lii- powers and dutiei X 



h 



1 



Supervisor*, t bunty, I .. -i i r* m 

urf, Judlcl il \ || ., 

in have appellate Jurisdiction onlj . . \n ,\ 

i neral powers \n ; j 

circuit Judges to bo Jud \ U 4 

separate Supreme Court maj be formed \ n j 

Dumber of judges to constitute a quorum. ... \ II" 4 

number necessary to a decision \II t 

judges of, to be classified \n j 

term of \ M n 

to appoint clerk Yll 12 

Taxation, rule Of, to be uniform YHj j 

Taxtt, not to be laid on land ol I « 

on Miit< ....'" \ |l ]* 

bo be levied on such property as Legislature snail pn V in i 

annual tax to defray State expenses to be vin I 

Tenure, of lands, to be allodia] J 14 

feudal prohibited in 

Territorial limns of St lJt . ^ J * 

TVrrlf'r.r;/ ,r \\i: cousin. i>n'i).-,-v « %%%<t& yj,j .., 

of Wisconsin, property of. to vest in S . "' xiv i 

officers of, how long to hold office \iv s 

7v*hm:ihy in equity how gnk&n yil 19 

Totrne, to be hut one system of government for ... iv a 

Treason igaimM Stati j eg 

evidence necessary to convict .' t i§ 

person oonvicted of disqualified as an elector I?i -> 

Treasurer. stato. (See Mud f 



164 Index. 

Art. Sec. 

Treasury, State, no money to be drawn from for religions societies or 

seminaries I is 

Trial, by jury, right of I 5. 

U. 

United States, this State not to interfere with primary disposal of soil by II 2 

certain propositions irrevocable, without assent of II 2 

no tax to be imposed on lands of II 2 

University, State, where to be established, and name of X 6 

University Lands, (see School and University Lands) X 8 

University Funds, of what to consist, X t> 

interest of, how to be appropriated X 6 

V. 

Vacancies, Legislature may declare when office vacant, and how^filled XIII 10 

in State and county offices, and how may be filled VII 9 

Villages, may be incorporated XI 3 

officers how to be elected .• XIII 9 

Voters, who qualified Ill 1 

who disqualified Ill 2 

do XIII 2 

Voting, when to be by ballot Ill 3 

W. 

Wagers, persons interested in. when disqualified as electors Ill fr 

Witnesses, against self in criminal cases not compelled to be I 8 

Worship, right of not to be infringed I 18 

Writs, style of VII 19 

power of Supreme Court to issue yil 3 

power of circuit court atid circuit judges to issue VII 8 

of certiorari, may issue from Supreme Court VII 3; 

circuit court VII 8 

of error, never to be prohibited I 21 

of habeas corpus, privilege of 1 8 

may issue from Supreme Court VII 3 

circuit court VII 8 

of injunction, may issue from Supreme Court VII 3 

circuit court VII 8 

of mandamus and x>rohlbilion, may issue from Supreme Court . . VII 3 

circuit court VII 8 

of quo warranto, may issue from Supreme Court VII 3 

circuit court VII 8 

Y. 

Year, political, when to commence XIII 1 

Teas and flays, when shall be taken in Legislature IV 20 

on the passage of what laws shall be entered on journal VIII 8 



AMENDMENTS. 

Art. 

Compensation, of members of the Legislature IV 

of Governor V 

of Lieutenant Governor V 

Criminal offense, no person held to answer without process of law I 

not to be put twice in jeopardy for same I 

not to be compelled to be a witness against self in 

all persons bailable before conviction I 

Habeas Corpus, writ of not to be suspended, unless in cases of 

rebellion or invasion I 

Local Legislation, prohibited. IV 



Sec.: 


Pajje. 


21 


116 


5 


116 


9 


110 


8 


in 


8 


117 


8 


11T 


8 


117 


8 


117 


31 


117 



LEJ 






CONGRESS 



& 




I \ 



I 



